Dibya Doley vs The State Of Assam And 2 Ors
2022 Latest Caselaw 3928 Gua

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GAHC010203162022




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

                                Case No. : Crl.Pet./1007/2022

            DIBYA DOLEY
            S/O- SRI KACHARI DOLEY, R/O- VILL.- BORBILL BALIGAON, P.O.
            MERMUKH NARAYANPUR, DIST. DHEMAJI, ASSAM, PIN- 784164.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:GUNAKANTA PAIT
             S/O- SHRI LUBIRAM PAIT
            VILL.- RUKMINI
             P.O. GALIBORBALI
             P.S. JONAI
             DIST. DHEMAJI
            ASSAM
             PIN- 787060. (INFORMANT).

            3:SMTI. MONMITA PAIT
             D/O- SHRI GUNAKANTA PAIT
             REPRESENTED BY HER HUSBAND SHRI DIBYA DOLEY
             R/O- VILL.- BORBILL BALIGAON
             P.O. MERMUKH
             NARAYANPUR
             DIST. DHEMAJI
            ASSAM
             PIN- 784164

Advocate for the Petitioner   : MR. D DOLEY

Advocate for the Respondent : PP, ASSAM
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                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                    ORDER

29.09.2022

Heard Mr. R. P. Sharma, learned Senior Counsel assisted by Mr. D. Doley, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam.

This is an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of proceeding in Special (POCSO) Case No. 66(DH)/2022 arising out of Jonai P.S. Case No. 22/2020 registered under Sections 366/34 IPC, pending before the learned Special Judge, Dhemaji.

Issue notice returnable after four weeks.

As the respondent No. 1 is represented by Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam, no formal notice need be issued. However, the petitioners to take steps for issuance of notice upon the respondent Nos. 2 and 3 by way of registered post with A/D as well as by usual process within a period of 10 (ten) days from today.

Mr. Sharma, learned Senior Counsel relying on the judgment of the Hon'ble Apex Court in K. Dhandapani -Vs- The State by the Inspector of Police submits that the petitioner and the victim were in a love relation and she eloped with the petitioner and as she was allegedly minor at that point of time, the investigating authority registered the case under Section 366/34 IPC and Section 6 of the POCSO Act.

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Mr. Sharma, further submits that subsequently both the accused and the victim out of their love got married and in the meantime a baby girl was also born on 01.09.2021.

In the aforesaid circumstances, Mr. Sharma, learned Senior Counsel submits that ends of justice would be made, if the proceeding pending before the learned Special Judge, Dhemaji, is quashed. Such submission requires further consideration of this Court.

Accordingly, till such consideration is made by this Court, the further proceeding in Special (POCSO) Case No. 66(DH)/2022 arising out of Jonai P.S. Case No. 22/2020, pending before the learned Special Judge, Dhemaji shall remain stayed.

List this matter after four weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant