Arijit Bhattacharjee @ Lt. Col. ... vs The State Of West Bengal & Anr
2022 Latest Caselaw 4293 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                              Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                           C.R.R. 652 of 2022
                                  With
                             CRAN 1 of 2022

       Arijit Bhattacharjee @ Lt. Col. Arijit Bhattacharjee
                               Vs.
                 The State of West Bengal & Anr.



For the petitioners    :    Mr. Moyukh Mukherjee
                            Mr. Abhijit Singh
                            Mr. Koustav Lal Mukherjee

For the State          :    Mr. Ranabi Roy Chowdhury,Adv.
                            Mr. Imran Ali, Adv.
                            Ms. Debjani Sahu

For the Opposite Party No.2 : Mr. Shibaji Kumar Das
                              Ms. Rupsa Sreemani



Heard on               : 18.07.2022

Judgment On            : 18.07.2022.



Bibek Chaudhuri, J.

The petitioner is the husband of the opposite party no.2. The

petitioner has challenged his marriage with the opposite party on the

ground of nullity because of the fact that at the time of his marriage

with the opposite party no.2, the opposite party no.2 had a subsisting

marriage. The marriage between the petitioner and the opposite party

no.2 is void on the ground that on the date of marriage the opposite

party no.2 had a subsisting marriage.

The opposite party no.2 lodged a complaint against the

petitioner under Sections 498A/406/34 of the Indian Penal Code

against the petitioner and the other matrimonial relation of the opposite

party no.2.

It is submitted on behalf of the petitioner that the petitioner has

already filed Matrimonial Suit No. 104 of 2021 for Annulment of

Marriage under Section 24 of the Special Marriage Act, 1954. The said

suit is still pending.

Therefore, the petitioner has prayed for quashing of the entire

proceedings, being G.R. Case No. 2423 of 2019 arising out of Titagarh

Police Station Case No. 258 of 2019 dated 24t h May, 2019 under

Sections 498A/406/34 of the Indian Penal Code presently pending

before the Learned Additional Chief Judicial Magistrate at Barrackpore.

I have heard the learned advocates for the petitioner and the

opposite party. The fate of G.R. Case No. 2423 of 2019 depends upon

the final disposal of the Matrimonial Suit filed by the petitioner against

the opposite party no.2. If the marriage of the petitioner with the

opposite party no.2 is annulled by a decree passed by a competent civil

court, the charge under Section 498A of the Indian Penal Code would

not stand.

In view of such circumstances, though this court cannot quash

the entire proceedings in G.R. Case No. 2423 of 2019, it is directed that

trial of G.R. Case No. 2423 of 2019 shall remain stayed till the final

disposal of Matrimonial Suit No. 104 of 2021 filed by the petitioner

against the opposite party no.2.

With the above order the instant criminal revision is disposed of

on contest, however, without cost. The connected application is also

disposed of.

(Bibek Chaudhuri, J.)