Page No.# 1/3 vs Zerifa Jannat
2025 Latest Caselaw 4814 Gua

Gauhati High Court

Page No.# 1/3 vs Zerifa Jannat on 22 August, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                       Page No.# 1/3

GAHC010014982017




                                                                 2025:GAU-AS:11218

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

                               Case No. : Crl.Pet./188/2017

            ABDUR RAKIB ANSARI and 3 ORS.
            S/O LT. ABDUR RAFIQUE ANSARI

            2: SMTI. MONOWARA KHATUN
            W/O LT. ABDUR RAFIQUE ANSARI

            3: ABDUL RAFIQ ANSARI
             S/O LT. ABDUR RAFIQUE ANSARI

            4: ABDUL MAKADIM ANSARI
             S/O LT. ABDUR RAFIQUE ANSARI ALL ARE RESIDENT VILL- GOURIPUR
            WARD NO. 4
             P.S. GAURIPUR
             DIST. DHUBRI
            ASSA

            VERSUS

            ZERIFA JANNAT
            D/O JAHANUL HOQUE KHANDAKAR VILL- BHALUKDUBI ULUBARI P.O.
            BHALUKDUBI, PN - 783101 P.S. and DIST. GOALPARA, ASSAM



Advocate for the Petitioner   : MR S S DEY, MR.A BHATTACHARJEE,MR.D P BORAH,MR.M
NATH

Advocate for the Respondent : MR J A AHMED, MR A F N U MOLLAH,MR. N UDDIN,MR. M

ISLAM,PP, ASSAM Page No.# 2/3

:: PRESENT ::

HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

For the Petitioners : Mr. D.P. Borah, Advocate.

          For the Respondent:               Mr. N. Uddin,
                                            Advocate.

          Date of Hearing :                 17.06.2025.
           Date of Judgment :               22.08.2025.


                           JUDGMENT AND ORDER (CAV)

Heard Mr. D.P. Borah, the learned counsel appearing for the petitioners. Also heard Mr. N. Uddin, the learned counsel representing respondent.

2. This is an application under Section 482 of the Criminal Procedure Code challenging the criminal proceedings of D.V. Case No.29/2016 pending in the court of learned Sub-Divisional Judicial Magistrate (S), Goalpara, Assam.

3. The respondent was married with the petitioner Abdur Rakib Ansari on 27.08.2012. She was given gold ornaments, furniture etc. as her stridhan. Thereafter, the respondent was subjected to physical and mental harassment for want of Rs.200,000/-, a car and other furniture. She failed to bring in those items. Her husband continued to demand those items. Unable to bear the harassment, the respondent came back to the house of her parents. Her husband made telephone calls to her asking her to bring back those items. Her husband physically and mentally harassed her in front of her parents.

4. Narrating the aforesaid facts, the respondent prayed for a protection order under Section 18 of the Domestic Violence Act and also claimed compensation and damages under Section 22 of the said Act of 2005.

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5. I have considered the submissions made by the learned counsel of both sides.

6. The alleged acts of violence took place while the husband and wife were having a domestic relationship. The complaint petition displays prima facie materials for a case under the provisions of the Domestic Violence Act. In such a case, the complainant deserves to be given some opportunity to prove her case. This Court is of the opinion that such a proceeding should not be nipped at the bud. Therefore, this petition filed by the petitioners is found to be devoid of merit and stands dismissed accordingly.

The stay order, if there be any, shall stand vacated.

JUDGE

Comparing Assistant