DHANPATI DAS Vs. STATE OF ASSAM
LAWS(GAU)-2023-4-32
HIGH COURT OF GAUHATI
Decided on
April 21,2023
Dhanpati Das
Appellant
VERSUS
STATE OF ASSAM
Respondents
Referred Judgements :-
YAMUNABAI ANANTRAO ADHAV VS. ANANTRAO SHIVRAM ADHAV AND ANR. [REFERRED TO]STATE OF W.B. AND ORS. VS. SUJIT KUMAR RANA [REFERRED TO]
MONJIT TALUKDAR VS. RITA TALUKDAR AND ANR. [REFERRED TO]
R P KAPUR VS. STATE OF PUNJAB [REFERRED TO]
DARGAH COMMITTEE AJMER VS. STATE OF RAJASTHAN [REFERRED TO]
S A L NARAYAN ROW N D MEHROTRA VS. ISHWARLAL BHAGWANDAS VRAJLAL KEWALDAS [REFERRED TO]
STATE OF KARNATAKA VS. L MUNISWAMY [REFERRED TO]
MADHAVRAO JIWAJIRAO SCINDIA VS. SAMBHAJIRAO CHANDROJTRAO ANGRE [REFERRED TO]
R S RAGHUNATH VS. STATE OF KARNATAKA [REFERRED TO]
GORIGE PENTALAH VS. STATE OF A P [REFERRED TO]
BHARATHA MATHA VS. R VIJAYA RENGANATHAN [REFERRED TO]
SANTOSH KUMARI VS. SURJIT SINGH [REFERRED TO]
V B DMONTE VS. BANDRA BOROUGH MUNICIPALITY [REFERRED TO]
KRISHNA BHATACHARJEE VS. SARATHI CHOUDHURY [REFERRED TO]
KUNAPAREDDY @ NOOKALA SHANKA BALAJI VS. KUNAPAREDDY SWARNA KUMARI & ANR [REFERRED TO]
RAM KISHAN FAUJI VS. STATE OF HARYANA AND ORS. [REFERRED TO]
JUDGEMENT
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(1.)Heard Mr. K.U. Ahmed, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State/respondent No.1 and Ms. M. Pathak, learned counsel for the respondent No.2
(2.)By filing an application under Sec. 482 Cr.P.C., the petitioners have sought for quashing of a proceeding of D.V. Misc. Case No.22/2020 pending in the court of learned JMFC, Kamrup, Hajo.
(3.)The brief facts of the case is that the respondent No. 2 as petitioner filed a petition under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter for brevity as D.V. Act) before the JMFC, Kamrup, Hajo, which was registered as D.V. Misc. Case No.22/2020. In the said case, the present petitioners were arrayed as respondents. The grievance in the said petition against the petitioners is that the respondent No.2 and her son were subjected to torture both physically as well as mentally by the present petitioners and the petitioners forcefully drove away the respondent No. 2 and her son in the year 1999 from her matrimonial home. In connection with the said incident, the respondent No.2 lodged an FIR before the Hajo police station on 17/6/2019 which was registered as Hajo P.S. Case No.466/2019 under Sec. 294/325/506/34 IPC. In the said petition, the respondent No.2 prayed for relief/reliefs under Ss. 18/19/20/21/23 of the D.V. Act along with an interim prayer of maintenance for herself and her son.
(2.)By filing an application under Sec. 482 Cr.P.C., the petitioners have sought for quashing of a proceeding of D.V. Misc. Case No.22/2020 pending in the court of learned JMFC, Kamrup, Hajo.
(3.)The brief facts of the case is that the respondent No. 2 as petitioner filed a petition under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter for brevity as D.V. Act) before the JMFC, Kamrup, Hajo, which was registered as D.V. Misc. Case No.22/2020. In the said case, the present petitioners were arrayed as respondents. The grievance in the said petition against the petitioners is that the respondent No.2 and her son were subjected to torture both physically as well as mentally by the present petitioners and the petitioners forcefully drove away the respondent No. 2 and her son in the year 1999 from her matrimonial home. In connection with the said incident, the respondent No.2 lodged an FIR before the Hajo police station on 17/6/2019 which was registered as Hajo P.S. Case No.466/2019 under Sec. 294/325/506/34 IPC. In the said petition, the respondent No.2 prayed for relief/reliefs under Ss. 18/19/20/21/23 of the D.V. Act along with an interim prayer of maintenance for herself and her son.
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