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2023 Supreme(Gau) 499

MITALI THAKURIA
Faruk Sekh S/o Ali Hussain – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M. H. Ahmed, Adv.
For the Respondents: Mr. M. P. Goswami, Mr. M. J. Quadiri

JUDGMENT :

Heard Mr. M. H. Ahmed, learned counsel for the petitioners. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor representing the State respondent No.1 and Mr. M. J. Quadiri, learned counsel for the respondent No.2.

2. This Criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973, praying for setting aside and quashing of the impugned complaint petition registered as No.75m/2017, which is pending before the Court of learned Judicial Magistrate, 1st Class, Kamrup(M), Guwahati, and the order dated 14.06.2017 for taking cognizance, and impugned order dated 02.03.2019, whereby, the Maintenance of Rs.5000/-(Rupees Five Thousand) only granted in favour of the respondent No.2 and to the child.

3. The brief facts leading to the filing of the present petition is that;

3.1 The petitioner No.1 is an unemployed person having no source of income of his own. The petitioner Nos. 2 and 3 are his parents, suffering from various ailments. In the year 2015, the petitioner No.1 got married with the respondent No.2 and since after the marriage, the respondent No.2 started to torture the petitioner No.1 by various ways, and also insulted the accused petit

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