Calcutta High Court (Appellete Side)
Sri Prakash Chandra Hazra & Ors vs State Of West Bengal & Anr on 5 September, 2022
05.09.2022
Item no.4.
Court No.35.
I.T
CRR No.282 of 2016
Sri Prakash Chandra Hazra & Ors
-Vs.-
State of West Bengal & Anr.
Mr. Gopal Ch. Ghosh,
......for the Petitioners.
The petitioners, who are the husband and in-laws of the
opposite party no.2/complainant/wife, have preferred this
criminal revision application under Section 482 of Cr.P.C, 1973,
to pray for an order quashing the proceedings being G.R. Case
No.729 of 2009, arising out of Goghat Police State Case No. 158
of 2009, dated 11th November, 2009 under Sections 498A/34 of
the I.P.C, 1860 and Sections 3 and 4 of the Dowry Prohibition
Act, 1961, now pending in the court of Judicial Magistrate,
Additional Court, Arambagh, Hooghly.
Admittedly, petitioners No.1 and opposite party no.2
were married couple. However, petitioner no.1 states that due to
some physical disablement of the opposite party no.2, i.e, her not
having some vital female organs, their marriage could not be
consummated and no conjugal relationship could be established.
According to the petitioner no.1 he lodged a matrimonial
suit in the court of appropriate jurisdiction being MAT Suit No.
106 of 2009, with the prayer for declaration of his marriage with
opposite party no.2 as a nullity. On 31st March, 2012, the suit
2
was decreed in favour of petitioner no.1 and the court of
appropriate jurisdiction has passed a judgment and order
operative portion of which is quoted below:-
ORDERED
"that the case u/s 12(1) (a) of the Hindu Marriage Act,
1955 is thus disposed of on contest against the respondent.
There will be no order of cost.
The petitioner do get a decree of nullity of marriage
solemnized with the respondent. Let the copy of this
judgment and order be supplied to the parties free of cost."
Petitioner has further contended that the wife/opposite
party no.2 challenged the verdict of the court vide the said
judgment and decree dated 31st March, 2012, in MAT Suit No.
106 of 2009 by filing appeal no. FAT 202 of 2012 in the Hon'ble
High Court, at Calcutta. The said appeal was dismissed by the
Division Bench of the Hon'ble Court, vide order dated 3rd August,
2015, being devoid of any merit. The operative portion of the
Hon'ble courts order dated 3rd August, 2015, in FAT 202 of 2012
is quoted as herein below:-
"After hearing the learned counsel for the
husband/respondent and after going through the evidence
so adduced and after going through the judgment so passed
by the learned Additional District Judge, we do not find any
illegality or materials irregularity in the judgment impugned
under appeal.
Therefore, the appeal is devoid of any merit and the
same is, accordingly, dismissed."
It is stated that in the meantime the wife moved the
court of Learned judicial Magistrate, Additional Court,
Arambagh, with malafide and ulterior motive with her petition
under Section 156(3) Cr.P.C, 1973, to pray for an order to
3
register a regular criminal case, against the accused persons
named in her said petition, i.e, the present petitioners. While
conceding to her prayer, the trial court has passed an order as
necessary and a specific police case being Goghat Police Case
No. 158/2009 dated 11.11.2009 under Sections 498A/34 I.P.C,
1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961, was
started.
The same case was investigated and ultimately resulted
into submission of final report by police on 31.12.2009 with
none of the accused persons being sent up for trial, in absence of
any cogent material. The ld. Advocate on behalf of the petitioners
have pointed out to the relevant portion of the final report dated
31st December, 2009, to show that on behalf of the investigating
authority a prayer for discharge of the accused person has been
made in the said final report.
However, the matter did not to end there and pursuant
to an order of the court police has re-investigated in the case and
again submitted Charge Sheet No.148/2010 dated 30th
September, 2010, under Sections 498A/406 I.P.C, 1860, against
the accused persons, i.e, the present petitioners.
Pursuant to the same, G.R. Case No.729 of 2009 was
initiated and is not pending in the trial court.
By filing the present revision, the petitioners have
prayed for an order of this court quashing the entire proceeding
in connection with the said G.R. Case No.729 of 2009.
4
Mr. Gopal Ch. Ghosh, ld. Advocate on behalf of the
petitioners have emphatically submitted that the instant
criminal case is only malicious and baseless. According to him,
his clients are only being victim of vengeance and grudge of the
opposite party no.2 and there is no substantive material against
any of the petitioners to proceed against them with the charges
as mentioned above.
It is submitted further that after the decree of
annulment of marriage by the competent court of law dated 31st
March, 2012 and subsequent confirmation of the same by the
Division Bench of this Hon'ble court, vide order dated 3rd August,
2015, there would be no cogent ground available to the state to
proceed against the present petitioners in the said criminal case.
Heard Mr. Ghosh, appearing on behalf of the
petitioners. None appears on behalf of the opposite parties.
Record reveals that according to the direction of this
court administrative notice was served duly upon the opposite
party no.2. Needless to say that the petitioners have also being
served with the notice of court. The report of the Ld. Registrar
Administration (L & OM) dated 3rd August, 2022 to that effect is
available in the record.
Accordingly, there is no doubt that service of notice is
complete and sufficient in this matter.
Facts
of the case as has elaborately been discussed
above, leaves no scope of any doubt that the marriage between
petitioner no.1 and opposite party no.2 has already been
declared a nullity by dint of a decree of competent court, dated
31st March, 2012. Such judgment and decree though was
challenged but affirmed by the Hon'ble High Court, vide order
dated 3rd August, 2015. Though chronologically the criminal
case was initiated prior to the date of decree of nullity of
marriage, still the decree as mentioned above would definitely
affect the criminal proceedings based on allegations during the
period of marriage, particularly when the marriage itself has
been declared to be a nullity. Order of the court to that effect
has reached to its finality and is binding on the parties.
Furthermore one cannot ignore the fact that after investigation
in the said criminal case the police submitted final report at the
first instance (dated 31.12.2009) by not sending up any of the
accused persons. Though a later stage upon re-investigation
charge sheet was submitted under Sections 498A/406 I.P.C,
1860 (dated 30.09.2010).
Considering the entire facts and circumstances and the
discussions and reasons as enumerated above, I am of the
opinion that there would be no sufficient ground or reason to
proceed in G.R. Case No.729 of 2009 pending in the court of the
Judicial Magistrate, Additional Court, Arambagh, Hooghly.
Accordingly this revision application should succeed.
Hence, it is ordered that the Criminal Revision being
C.R.R 282 of 2016 is allowed, ex-parte.
All proceedings and/or further proceedings in G.R. Case
No.729 of 2009 pending in the court of Judicial Magistrate,
Additional Court is hereby quashed.
There shall be no order as to costs.
Urgent photostat Certified Copy of this order, if applied
for, be given to the parties, on priority basis.
C.R.R 282 of 2016 is disposed of.
(Rai Chattopadhyay, J.)
