Deep Dey VS State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

UDAY KUMAR
Deep Dey – Appellant
Versus
State of West Bengal – Respondent

Counsel for the Parties:
For the Petitioner:Ms. Rituparna De Ghosh, Mr. Souryadeep Ghosh, Advocates
For the Respondent:Ms. Anasuya Sinha, Ld. App, Mr. Dipankar Paramanick, Advocate

JUDGMENT

The inherent jurisdiction of this Court, enshrined under Section 482 of the Code of Criminal Procedure, 1973, stands as a formidable sentinel of justice, intended to be invoked as a shield against the perversion of the criminal process. This revisional application brings to the fore a delicate and recurring conflict in our matrimonial jurisprudence: the distinction between a socially recognized cohabitation and a legally solemnized marriage.

2. The petitioner seeks the extraordinary relief of quashing a criminal proceeding involving grave charges of Bigamy (Section 494 of the Indian Penal Code) and Matrimonial Cruelty (Section 498A of the IPC). The central theme of this controversy is not merely whether the petitioner committed the acts alleged, but whether the law can recognize a “contractual alliance” executed on a non-judicial stamp paper—a practice increasingly prevalent yet legally unrecognized—as the bedrock of a criminal prosecution that carries the potential for incarceration and the permanent stain of a criminal record.

3. The factual matrix revealed in this matter is both intricate and revealing of the legal impasse currently faced by the parties. The de-facto co