JAGBANDHU NANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsels for the parties on I.A. No. 682 of 2003 and I.A. No. 681 of 2003.

(2.) A prayer has been made in I.A. No. 682 of 2003 to implead Chaitali Nandi, who is the informant of this case, as opposite party. It has been submitted that she had filed a complaint petition against her petitioner -husband, Jagbandhu Nandi and others under Sections 498A, 406 and 504 of the Indian Penal Code which was referred to the police for institution and submission of final form and thereafter charge -sheet has been submitted in that case and the petitioners were convicted for the offence under Section 498A of the Indian Penal Code only and the appeal filed by them was also dismissed and as against that they have preferred this revision before this Court. It has also been submitted that she is a necessary party in this revision in view of the settled law that no order to the prejudice of an accused or any other person can be made unless the said accused or the said person has been given an opportunity of being heard in view of the mandate of the law contained under Section 401(2), Cr.P.C. The learned Counsel for the petitioner has no objection in respect thereof.

(3.) IT has been submitted in respect of I.A. No. 681 of 2003 for the opposite party that opposite party No. 2 Chaitali Nandi is the lawfully wedded wife of her petitioner -husband Jagbandhu Nandi and due to aberrations in their conjugal life she had filed a case under Sections 498A, 406 and 504 of the Indian Penal Code in which her petitioner -husband and his relatives were convicted by the Trial Court and the appeal filed by them was also dismissed and as against that they have come before this Court in revision. It has also been submitted that opposite party No. 2 Chaitali Nandi has also filed a Matrimonial Suit No. 100 of 1995 for dissolution of her marriage with her petitioner -husband aforesaid under Section 13 of the Hindu Marriage Act which was dismissed by the Trial Court and she had preferred F.A. No. 142 of 1998 before this Court in which a mutual petition under Section 13B of the Hindu Marriage Act was filed by her along with her petitioner -husband and their marriage was dissolved by a decree of divorce under Section 13B of the said Act in view of the fact that the marriage between them has become practically and emotionally dead which cannot be retrieved. It has also been submitted that in this view of the matter she has no objection if this revision is disposed of in terms of the averments made in her petition under Section 13B of the said Act.