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2010 Supreme(Gau) 534

H.N.SARMA
Shahab Uddin Mazumdar – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. N. Dhar
For Respondents/Defendant: Mr. F.U. Borbhuiya and Mr. B. Gogoi

JUDGMENT

H.N. Sarma, J.

1. By filing this petition under section 482, Cr.PC, the petitioners have prayed for quashing of the FIR on the basis of Algapur P.S. Case No. 278/09 (corresponding to G.R. Case No. 1202/09) under section 108/120(B)/468/34, IPC.

2. Heard Mr. N. Dhar, learned counsel for the petitioners and Mr. F.U. Borbhuiyan, learned counsel appearing for the respondent No. 2 as well as Mr. Gogoi, learned Addl. Public Prosecutor for the State/respondent.

3. The necessary facts, in brief, for disposal of this criminal petition are as follows --

The complainant being the wife of the petitioner No. 1 alleging nonpayment of maintenance allowance, she instituted a proceeding under section 125, Cr.PC in the court of the learned CJM, Hailakandi which was registered as 1280c/2009. The aforesaid case was filed on 26.3.2009. The petitioner/husband being served with notice of the proceeding appeared in the case and submitted his written statement on 16.10.2009. In the written statement it is alleged that there was a conciliation proceeding relating to the matrimonial dispute between the parties held on 14.6.2009 pursuance to which a deed of relinquishment "Salishnama", etc., was executed b


































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