GAUHATI HIGH COURT ISSUES ORDER IN PAPORI KALITA V/S THE STATE OF ASSAM AND ANR

GUWAHATI, India, Feb. 7 -- Gauhati High Court issued the following order on Jan. 7:

1. Heard Mr. D.R. Saikia, learned counsel for the petitioner; Ms. N. Das, learned Additional Public Prosecutor for the respondent no. 1, State of Assam; and Mr. M. Kalita, learned counsel for the respondent no. 2-complainant.

2. The present criminal petition under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 [earlier Section 482, Code of Criminal Procedure, 1973] is preferred seeking quashing and setting aside of criminal proceedings of Complaint Case no. 510C /2023, presently pending before the Court of Chief Judicial Magistrate, Kamrup [M], Guwahati ['the Trial Court', for short].

3. It is stated that the marriage between the petitioner and the respondent no. 2 was solemnized on 16.05.2016 and after the marriage, they started their conjugal life in the matrimonial house at Guwahati. Out of the marital relationship, a child was born to them on 13.09.2017.

4. It has been asserted on behalf of the respondent no. 2 that since after the marriage, she was treated with cruelty, both physically and mentally and ultimately on 17.04.2020, she was driven out of the matrimonial home. Subsequently, two proceedings, [i] D.V. Case no. 103/2020 before the Court of learned Judicial Magistrate, First Class-cum-Civil Judge [Junior Division] No. 4, Kamrup at Guwahati; and [ii] P.R. Case no. 1679/2020 for the offence under Section 498A, Indian Penal Code; which is presently pending before the Court of earned Sub-Divisional Judicial Magistrate No. 2, Kamrup at Guwahati; have been instituted at the instance of the respondent no. 2. On the other hand, the petitioner instituted a proceeding in the form of F.C.[Civil] Case no. 1200/2021 before the Court of learned Principal Judge, Family Court-3, Kamrup at Guwahati.

5. After institution of the afore-stated two proceedings by the respondent no. 2 in the year 2020, the petitioner has filed a complaint case, Complaint Case no. 510C /2023 before the Trial Court. After examination of the complainant and two other witnesses under Section 200, CrPC, the Trial Court finding prima facie materials against the petitioner, by Order dated 04.12.2024, took cognizance of the offences under Sections 294/323/447, Indian Penal Code [IPC] and issued process against her to secure her appearance.

6. It is in the above backdrop, the petitioner has approached this Court by the present criminal petition seeking quashing and setting aside of the proceedings of Complaint Case no. 510C /2023 and the Order dated 04.12.2024 taking cognizance of the offences.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7049YvO20uxeiGQ1gjEfN6Lqtbd%2BAlkg3ucuFJpKrd7&caseno=Crl.Pet./1355/2025&cCode=1&cino=GAHC010243002025&state_code=6&appFlag=)

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