Abhishek Sureka S/o Jagadish Prasad Sureka vs State Of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 103

THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Abhishek Sureka S/o Jagadish Prasad Sureka – Appellant
Versus
State Of Assam – Respondent

Advocates Appeared:
For the Appellants :MR. BHASKAR DUTTA, SENIOR ADVOCATE, MR JITENDRA DAS,MR. SAILENDRA DEKA
For the Respondent: PP, ASSAM, MR G N SAHEWALLA (r-2),MR M SAHEWALLA (r2),MS. S. TODI (r-2),MR H K SARMA (r-2),MS T J SAHEWALLA (r-2),MR. A HASAN (r-2),A ALI (r-2),MR. N HASAN (r-2)

JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

Heard Mr. B. Dutta, the learned senior counsel assisted by Mr. S. Deka, learned counsel appearing for the petitioners. Also heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. S. Todi, learned counsel for the respondents.

2. This is an application under Section 482 of the CrPC read with Section 401 of the said Code praying for quashing the Charge Sheet and the proceedings in respect of PRC Case No.946/2023 arising out of Tinsukia P.S. Case No.20/2021 pending in the court of Sub-Divisional Judicial Magistrate (S), Tinsukia.

3. On 03.02.2012, the Respondent No.2 Smti. Wagisha Sureka (hereinafter referred to as “the Respondent No.2” only) had married the petitioner Abishek Sureka. The Respondent No.2 claims that soon after marriage, she was mentally tortured by her husband, her parents-in-law and by Smti. Devki Debi Sureka.

4. The sister (not named in the FIR) of her husband as well as the aforementioned persons always used to put pressure upon her to divorce her husband. Her husband used to tell her repeatedly that she was not his choice and he did not want to continue his marrie