Pradip Kumar Biswas, J. - (1.) Parties are present before me and heard them. Since common questions of law are involved in both the cases, they are being taken up for disposal analogously by a single order.
(2.) The petitioners, Smt. Prativa Devi (Mukherjee) and two others have come with this application under section 482 of the Code of Criminal Procedure seeking to quash the proceeding in complaint case No. C-359/02 pending before the learned Chief Judicial Magistrate at Barasat, North 24-Parganas under sections 417/420/120B of the Indian Penal Code, alleging that the opposite party No.1 was the father-in-law of the petitioner No.2 and the marriage was solemnised on 25th January, 2000 between the petitioner No.2 and the daughter of the opposite party No.l. But due to differences of opinion and mentality, both the petitioner No.2 and the daughter of the opposite party No.l filed a petition of divorce on mutual consent on 26.2.2001 and ultimately, they got a decree of divorce under section 13B of the Hindu Marriage Act on 30-8-2001 and one of the averments that was made in the petition of divorce on mutual consent to the effect that the parties have no claim to each other whatsoever and the petition along with the aforesaid condition has become a part of the terms of the decree of divorce and is binding on both the parties.
(3.) After getting the aforesaid decree of dissolution of marriage on 30-8-2001 and in clear breach of the terms thereof, the opposite party No.1 filed one complaint case, being the present one, under sections 417/420/120B of the Indian Penal Code before the learned Chief Judicial Magistrate at Barasat, North 24-Parganas, alleging therein that he received one communication from the Superintendent of Police, Durg, M.P. that one Tapan Kumar Mukherjee was married to one Prativa Roy in the year 1966 and was blessed with a son and the said Tapan Kumar Mukherjee filed a divorce suit against his wife before the Court of the learned District Judge, Alipore and got a decree of judicial separation from the learned 2nd Additional District Judge at Alipore on 23rd March, 1973 on the ground of fidelty and subsequently, after receipt of the copy of the aforesaid judgement, he has come up with a petition of complaint before the appropriate Court.;