Jekirul Hussain, S/o Late Letiful Hussain vs State of Assam, Represented by the Public Prosecutor, Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Gau) 946

MALASRI NANDI
Jekirul Hussain, S/o Late Letiful Hussain – Appellant
Versus
State of Assam, Represented by the Public Prosecutor, Assam – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr S N Tamuli, Ms A Begum
For the Respondent: Mr P S Lahkar, APP.

JUDGMENT :

Heard Mr S N Tamuli, learned counsel assisted by Ms A Begum, learned counsel appearing for the petitioner and Mr P S Lahkar, learned Additional Public Prosecutor, appearing on behalf of the State of Assam/respondent No. 1.

2. This is an application filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, praying for setting aside/quashing the FIR dated 14.04.2021, which was registered as Sivasagar PS Case No. 447/2021 and the charge sheet No. 104/2021, dated 03.05.2021 and the entire proceeding of PRC Case No. 634/2021, arising out of Sivasagar PS Case No. 447/2021, under Section 498(A) of the Indian Penal Code, 1860

3. It is submitted by the learned counsel for the petitioner that the respondent No. 2 is the wife of the present petitioner. After their marriage they lived together as husband and wife and out their wedlock two children were born, but subsequently, the respondent No. 2 left the house of her husband and started to live in the house of her parents and, thereafter, lodged four FIRs against the present petitioner on the same ground of physical torture and harassment.

4. It is also submitted by the learned counsel for the petitioner that i