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2023 Supreme(Gau) 747

SUSMITA PHUKAN KHAUND
Smriti Lekha Kakoti W/o Dr. Biswajit Suraj Malakar – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Choudhury
For the Respondent: Mr. J.C. Choudhury, Mr. L.C. Dey

JUDGMENT :

1. Heard Mr. A. Choudhury, learned counsel for the petitioner as well as Mr. J.C. Choudhury and Mr. L.C. Dey, learned counsel for the respondents.

2. The petitioner is the wife of the respondent no. 2. She has filed this application under Section 482 Cr.P.C. challenging the impugned order dated 17.09.2015 passed by the Special Judicial Magistrate, Assam at Guwahati in Complaint Case No. 1755(C)/2015.

3. The petitioner has submitted that she had a love affair with the respondent No. 2 since 1997 and she got married to him in the year 2006, as per Hindu rites. From the threshold of her marriage, she was subjected to cruelty by her in-laws and finally her husband also started subjecting her to cruelty. Her husband was also maintaining an illicit relationship with Smt. ‘X’ and she caught her husband with Smt. ‘X’ red handed in an objectionable situation. This resulted in a quarrel between the petitioner, respondent no. 2 and Smt. ‘X’. Thereafter, the relationship between the petitioner and the respondent no. 2 became strained and at times he also even threatened to kill her and he tried to drive the petitioner out of her matrimonial home. The petitioner was impelled to lodge th

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