SWABERA SALEH Vs. RAJIB SALEH
LAWS(GAU)-1994-9-22
HIGH COURT OF GAUHATI
Decided on September 30,1994

SWABERA SALEH Appellant
VERSUS
RAJIB SALEH Respondents





Cited Judgements :-

PRIYANKA PARASHAR VS. STATE OF NAGALAND [LAWS(GAU)-2011-8-5] [REFERRED TO]


JUDGEMENT

- (1.)This revision pelition has been preferred by the petitioner for quashing of the First Infarmation Report dated 31.5.94 lodged by the respondent No. 1, husband of the petitioner, in the Geeta Nagar Police Station, Guwahati and the Case No. 44/94 u/s 143/447/448/380 IPC registered by respondent No. 2.
(2.)The petitioner is serving as Lecturer in KC Das Commerce College, Guwahati. Marriage took place between the petitioner and the informant 20 years ago and two children were born out of their wedlock, Petitioner was subjected to severe ill treatment and harassment by her husband, respondent No. 1, who is working as Superintending Engineer and Adviser Engineering to the Govt of Assam. For the last 9/10 years the petitioner was being subjected to severe ill treatment. Respondent No. 1 ordered the petitioner to leave his house with her two minor children and her belongings and accordingly the petitioner with-prior intimation to her husband and with his full knowledge collected some of her personal belonging on 20.5.94 from the residence of husband and shifted to her father's house. One Maruti car bearing registration No. AS-01-3224 had been given to the petitioner by the respondent No. 1 in the year 1989 and since then the car was being used by her for their family requirements and when she left husband's house as aforesaid she also took the said car with her. Again petitioner went to her husband's House on 31.5.94 at about 10 AM to collect the remaining items of her personal belongings. However the respondent No. 1 objected and prevented her from taking any more items from the house and assaulted the petitioner in presence of the servants.
(3.)To understand and for proper examination of the case the FIR is reproduced as follows:
"....I am a responsible senior Govt officer at present working as Superintending Engineer and Adviser Engineering to the Govt of Assam and I am staying at Zoo Narangi Bye Lane No. 1. South, Guwahati-24. I have a strained relationship with my wife Smti Swabera Islam Saleh and she used to stay most of her time in her parents house which is situated at Bye Lane No. 1 (North), Guwahati-21 which has further strained my marital life. It may be mentioned herein that my wife used to pick quarrel with me on slightest pretext In order to disturb me mentally and since then we do mot have any husband and wife relation. On 26.5.94 when I came back to my residence from office I found Smti Swabera Islam alongwith 5 to 6 unknown persons present in my premises and when I entered my house I found all my movable articles/belonging missing and on enquiry Smt Swabera Islam stated that she had taken away all the articles from the house and have kept the said articles in her parents house. The value of the said articles would be around Rs 80,000/- to R.s.90,000/-, Smti Swabera Islam while leaving my house she forcibly snatched away the key of my Maruti car bearing No. AS-01-3224, and has herself driven away with the car. While taking away the car some unknown persons were with her and out of fear I did not protest; she and her said companions also threatened me with dire consequence. On enquiry I have come to know that the property (articles) and car which were looted from my premises are kept in the residence of Sri Mohibul Islam, the father of Smti Swabera Islam, a temporary resident of Zoo Narengi Road, Bye Lane No. 1 (North), Guwahati-21. I further beg to state that today at about 10 AM while I was about to leave for my office Smti Swabera Islam came with a Khasi lady who was armed with a lethal weapon to my residence and without any reason started ransacking my house (premises) and started throwing a few pots at me. Luckily it did not hit me and thereafter she left my house. I did not inform about the earlier incident that took place on 20.5.94 believing that good aense would mend her ways but unfortunately that did not happen rather she behaved violently which has caused great apprehension in my mind that Smti Swabera Islam and parents and her associates might come again to my residence and might cause damage and danger- to my life and properties. It is therefore prayed that your honour would be pleased to register a ease and investigate the matter and recover the looted articles/ properties including my car which are kept in the premises of Shri Mohibul Islam and restore the articles/properties to me and also protect my life and liberty."



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