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2023 Supreme(Gau) 61

MALASRI NANDI
Dhanpati Das And Anr S/o Lt. Har Kanta Das – Appellant
Versus
State Of Assam And Anr Rep. By The PP, Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr K U Ahmed
For the Respondent: Mr. B Sarma(Addl.PP, Assam), Ms. M. Pathak

JUDGEMENT AND ORDER :

Heard Mr. K.U. Ahmed, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State/respondent No.1 and Ms. M. Pathak, learned counsel for the respondent No.2

2. By filing an application under Section 482 Cr.P.C., the petitioners have sought for quashing of a proceeding of D.V. Misc. Case No.22/2020 pending in the court of learned JMFC, Kamrup, Hajo.

3. The brief facts of the case is that the respondent No. 2 as petitioner filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter for brevity as D.V. Act) before the JMFC, Kamrup, Hajo, which was registered as D.V. Misc. Case No.22/2020. In the said case, the present petitioners were arrayed as respondents. The grievance in the said petition against the petitioners is that the respondent No.2 and her son were subjected to torture both physically as well as mentally by the present petitioners and the petitioners forcefully drove away the respondent No. 2 and her son in the year 1999 from her matrimonial home. In connection with the said incident, the respondent No.2 lodged an FIR before the Hajo police station on 17.06.20

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