Dissolution of marriage eliminates any continuing legal obligations or liabilities, impacting the feasibility of criminal charges based on prior conduct.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding including the summoning order dated 18.08.2023 passed in the Complaint Case No.500 of 2022 by learned Sub-Divisional Judicial Magistrate, Sahibganj by which the learned Sub-Divisional Judicial Magistrate, Sahibganj has found sufficient material available in the record to proceed inter alia against the petitioners for having committed the offences punishable under Sections 323, 379, 498A, 494, 420, 504, 506/34 & 120B of the Indian Penal Code.

3. The allegation against the petitioners is that the petitioner no.1 is the husband and petitioner no.2 is the own sister of the informant/opposite party no.2 and the allegation against the petitioner no.1 is that during the subsistence of his marriage with the informant, he married with the petitioner no.2 and treated the informant/opposite party no.2 with cruelty and the informant/opposite party no.2 has been driven out from her matrimonial house and when she was driven out from her matrimonial house but her jewelleries, clothes and other valuables are still in her matrimonial house.

4. On the basis of written report submitted by the informant/opposite party no.2, police registered Mirzacheuki P.S. Case No.13 of 2021 and took up investigation of the case. After completion of the investigation, police submitted Final Report and did not send up the accused person of the case for trial because of lack of evidence.

5. The complainant filed a protest-cum-complaint case which was registered as P.C.R. Case No.500 of 2022 and in the said case basing upon the protest-cum-complaint petition, statement on solemn affirmation of the complainant-informant and the statement of three enquiry witnesses, the learned Sub-Divisional Judicial Magistrate, Sahibganj has found sufficient material to proceed against the petitioners; as already indicated above.

6. Learned counsel for the petitioners drawing attention of this Court to the unimpeachable documents i.e. the certified copy of the judgment passed by the Family Court, Bhagalpur in Matrimonial Case No.269 of 2018 dated 17.08.2019, submits that the Hindu Marriage between the petitioner no.1 and the informant/opposite party no.2 has been dissolved by the decree of divorce vide the said judgment dated 17.08.2019 and on and from 17.08.2019, the informant/opposite party no.2 has ceased to be the wife of the petitioner no.1.

7. Learned counsel for the petitioners next drawing attention of this Court to Annexure-8 of the brief, which is the web copy of the order of Hon’ble Patna High Court, submits that though the informant/opposite party no.2 filed Misc. Apppeal No.15 of 2021 in the High Court of Judicature at Patna, but vide order dated 17.11.2022, the complainant has withdrawn the said misc. appeal as the issues between the parties have already been settled, accordingly, the said Misc. Appeal No.15 of 2021 is dismiss as withdrawn.

8. Learned counsel for the petitioners further drawing attention of this Court to Annexure-9, which is the copy of the certificate issued by the Marriage Officer, Bhagalpur, submits that the petitioner no.1 married the petitioner no.2 on 25.07.2020 and the same has been registered under the provisions of the Hindu Marriage Act on 18.08.2021.

9. Learned counsel for the petitioners next submit that there is no allegation anywhere against the petitioner no.1 of having committed an