GAUHATI HIGH COURT ISSUES ORDER ON DR. PARTHA ROY AND ANR V/S THE STATE OF ASSAM AND ANR

GUWAHATI, India, Sept. 30 -- Gauhati High Court issued the following order on Aug. 29:

1. Heard Mr. D Dey, learned counsel for the petitioners. Also heard Mr. A.H Khandakar and Mr. S Nawaz, learned counsel appearing on behalf of the respondent No. 2.

2. This is an application filed under Section 528 of the B.N.S.S, 2023 for quashing and setting aside of the F.I.R dated 28.04.2013 filed by respondent No. 2 which was registered as Bongaigaon P.S Case No. 231/2013 under Section 498A I.P.C corresponding to G.R Case No. 364/2013. The petitioners have also challenged the charge-sheet submitted in the instant case vide charge-sheet No. 246 of 2013 on 18.08.2013 as well as the subsequent proceedings carried on before the Court of Hon'ble Chief Judicial Magistrate, Bongaigaon.

3. The facts of the case is that the petitioner No. 1 and the respondent No. 2 got married on 11.12.2009 and carried on their conjugal life. However, due to some problem, the respondent No. 2 lodged a First Information Report before the Superintendent of Police, Nagaon which was initially registered as Nagaon P.S Case No. 604/2013. But the same was transferred to Bongaigaon and registered as Bongaigaon P.S Case No. 231/2013. The petitioners i.e. the husband and his mother applied for a pre-arrest bail before the Hon'ble Gauhati High Court and the same was allowed. The petitioners had also filed a petition under Section 482 of the Cr.P.C for quashing of the said F.I.R before the Hon'ble Gauhati High Court. However, the same was rejected on 13.06.2013. The police, on completion of the investigation, submitted charge-sheet, as mentioned above against the petitioners which was put to challenge by the petitioners before the Hon'ble Gauhati High Court, but the same was withdrawn on 17.11.2015.

4. During the trial of the instant case, the prosecution adduced all the witnesses along with the Investigating Officer and at that juncture, the Ld. Additional Public Prosecutor filed a petition under Section 319 of the Cr.P.C before the Hon'ble Chief Judicial Magistrate, Bongaigaon for issuing summons to all the accused persons named in the F.I.R, which was, however, rejected by the Court below. Aggrieved by the said rejection order, the respondent No. 2, i.e. the wife of the petitioner, preferred the Criminal Revision Petition before the Hon'ble Gauhati High Court which was partly allowed vide order dated 14.10.2018 by which the brother and father of the petitioner No. 1 were directed to be made accused in the said petition. However, the father died on 26.10.2018 and the brother preferred the appeal before the Hon'ble Supreme Court by filing S.L.P being registered vide Diary No. 6462 of 2019 and the Hon'ble Supreme Court, after hearing, stayed the proceeding qua the petitioner i.e. the brother of petitioner No. 1 vide order dated 01.04.2019.

5. During the pendency of the said S.L.P as well as other proceedings between the petitioners and respondent No. 2, an amicable settlement was reached between the parties by which it was decided that the parties would withdraw their respective cases before the Courts of Law and a said memorandum of understanding was executed between the petitioner No. 1 and respondent No. 2 on 02.08.2019 at Nagaon. It was specifically mentioned in paragraph No. 3 of the said memorandum of understanding that in light of the terms and conditions of the amicable settlement arrived at between the parties and in full and final settlement of all their past disputes and grievances arising out of marital relationship, the respondent No. 2 shall put her sincere efforts and take the necessary steps for lawful acquittal of petitioner No. 1 and other accused persons in G.R Case No. 364/2013 by appearing in person before the Court of Hon'ble Chief Judicial Magistrate, Bongaigaon and/or as and when summoned. It was also agreed that the petitioner No. 1 and his relatives shall take all necessary steps for withdrawal of the cases that they have filed before the concerned Courts.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqDgcCuq7AOIvYNTJ%2Fn9n1%2BEEmPKWvciA69FZCsx9vLqb&caseno=Crl.Pet./1345/2024&cCode=1&cino=GAHC010225682024&state_code=6&appFlag=)

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