The court affirmed that a pending police investigation does not bar subsequent complaints on similar allegations, under the provisions of the Code of Criminal Procedure.

1. This criminal petition is preferred under S.482, Code of Criminal Procedure, 1973 (''the Code'' and / or ''the Cr.P.C.'', for short) seeking quashing of criminal proceeding of Complaint Case No. C.R. 5611 / 2018, presently pending before the Court of learned Sub-Divisional Judicial Magistrate (Sadar) - 1, Kamrup (Metro), Guwahati (''the trial court'', for short), insofar as against the present petitioner is concerned.

2. The petitioner has also challenged the order dated 28.11.2018 whereby the learned trial court taking cognizance of the offences punishable under S.494/506/34, Indian Penal Code (IPC) and finding a prima facie case against the petitioner and another to proceed, had issued process for their appearance. The petitioner has sought quashing of the C said order insofar as the petitioner is concerned. In Complaint Case No. C.R. 5611 / 2018, one Md. Sabir Nishat is arraigned as accused No. 1 (hereinafter referred to as ''the accused No. 1'', at places, for easy reference) and the petitioner is arraigned as accused No. 2.

3. To understand the nature of challenge made in this petition, it is apt to refer first to a First Information Report (FIR) lodged by the respondent No. 2 - complainant herein (hereinafter also referred to as ''the complainant'', at places, for easy reference) before the Commissioner of Police, Guwahati on 14.10.2017.
3.1. In the said FIR, the complainant had stated that she is the legally married wife of the accused No. 1, who is a State Government Employee. The marriage between the complainant and the accused No. 1 was solemnised on 10.12.1996 as per Muslim rites and rituals. Since the date of the marriage, the complainant started residing with her husband i.e. accused No. 1 at her matrimonial house at Lakhtokia, Guwahati. Out of the said wedlock, 2 (two) daughters were born to the couple. It was alleged that since about 1 (one) year before, her husband started behaving differently with her and their daughters. It was alleged therein that since the beginning of the year 2016, the accused No. 2 started developing intimacy with her husband i.e. accused No. 1 and they were seen frequently in public places. Allegation was also made by the complainant that the accused No. 1 and the accused No. 2 were found in compromising positions. On 13.10.2016, the complainant was served with a Talaknama dated 22.09.2016 whereby her husband i.e. accused No. 1 declared first Talak on her. Assailing that Talak, the complainant preferred a writ petition, W.P.(C) No. 6942/2016, before this Court seeking its cancellation. An interim order was passed on 21.11.2016 by the Court, whereby, the complainant's husband i.e. accused No. 1 was restrained from proceeding against the complainant until further orders. It was further alleged by the complainant that during the subsistence of her marriage with the accused No. 1, the accused No. 1 started preparing to solemnize his marriage with the accused No. 2 on 15.10.2017. As part of preparation for such marriage, marriage card was printed showing date and place of marriage and reception / Chaklong to be held on 15.10.2017 in a hotel in Guwahati. It was also alleged that the mehendi ceremony took place on 13.10.2017 and Jurun would take place on 14.10.2017. The allegations of cheating and deceit was made against the accused No. 1 and the accused No. 2. It was further alleged that the accused persons threatened them causing mental torture, harassment and cruelty to her and her 2 (two) daughters.
3.2. The said FIR was registered as All Women Police Station Case No. 185/2