Page No.# 1/3 vs The State Of Assam And Anr
2021 Latest Caselaw 3441 Gua

                                                                   Page No.# 1/3

GAHC010211262021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : Crl.Pet./744/2021

         JAWHAR JYOTI DEB AND ANR.
         SON OF LATE JITENDRA MOHAN DEB
         PERMANENT RESIDENTS OF VILL- TESUA, P.O. MAHISHASAN, P.S. AND
         DIST. KARIMGANJ, ASSAM, PIN-788781, PRESENTLY RESIDING AT H. NO.
         65, 3RD FLOOR, JONAPUR, NEAR MTNL OFFICE, NEW DELHI, PIN-110047

         2: SMTI. LIPI DEB
          D/O LATE JITENDRA MOHAN DEB
         PERMANENT RESIDENTS OF VILL- TESUA
          P.O. MAHISHASAN
          P.S. AND DIST. KARIMGANJ
         ASSAM
          PIN-788781
          PRESENTLY RESIDING AT H. NO. 65
          3RD FLOOR
          JONAPUR
          NEAR MTNL OFFICE
          NEW DELHI
          PIN-11004

         VERSUS

         THE STATE OF ASSAM AND ANR.
         TO BE REP. BY THE PP, ASSAM

         2:SMTI. MADHABI DEB
          D/O LATE NIRESH CHANDRA DEY
         R/O VIL- NAYABARI
         P.O. TILLABAZAR
          P.S. AND DIST. KARIMGANJ
         ASSAM
          PIN-788709
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Advocate for the Petitioner   : DR. B AHMED

Advocate for the Respondent : PP, ASSAM




                                          BEFORE
               HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                ORDER

13.12.2021 Heard Dr B Ahmed, learned counsel appearing for and on behalf of the petitioners. Also heard Mr P S Lahkar, learned Additional Public Prosecutor for the State of Assam. The petitioner, herein, has challenged the entire proceeding pertaining to CR Case No. 61/2019, under Section 498(A) IPC, pending in the Court of learned JMFC (II), Karimganj, whereby the learned Court has taken cognizance of the offence and issued process to the petitioner for his appearance.

Referring to the documents annexed, learned counsel for the petitioner submits that the said complaint case is nothing but a counterblast to the divorce notice issued to the complainant/respondent No. 2 (now divorced wife of the petitioner) in connection with HMA No. 1200/2018. Certain documents annexed vide Annexure-2, have been pressed into, to submit that the respondent/wife was served notice due to the filing of the above divorce case by the petitioner, on 05.09.2018, whereby the respondent was directed to appear before the Court learned Principal Judge (South), Family Courts, Saket, New Delhi, with condition that the petitioner will clear the litigation expenses as well as the to and fro expenses of the respondent/wife. The Annexurfe-3, complaint petition reveals that the complaint case was filed on 18.01.2019, referring to the cause of action, far back as on 27.09.2016, 29.09.2016 and 04.10.2016. The learned counsel for the petitioner has also pressed Annexure-6, the judgment of the Family Court, dated 10.07.2020, whereby divorce has been granted to the petitioner, as sought for and the marriage between the parties has been dissolved.

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Prima facie, it reflects that the FIR was filed only after filing of the divorce petition by the petitioner, herein, without explaining the delay in filing the case properly. Let a notice be issued to the respondent No. 2, by registered post with A/D, as well as by usual process, returnable by 6 (six) weeks.

Furnish extra copies of the petition to respondent No. 1. Call for the LCR pertaining to the aforesaid case.

Till the returnable date, the proceeding of the CR Case No. 61/2019, shall remain stayed.

JUDGE

Comparing Assistant