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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Narjina @ Narzina Khatun D/o Late Abdul Gafur Sk. – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. The instant criminal petition has been preferred seeking quashing of the impugned order of cognizance dated 23.11.2022 passed in C.R. Case No. 375/2022 by the learned JMFC Barpeta, as well as the said proceedings themselves. The facts leading to the present criminal petition may be briefly summarized as follows.
2. The petitioner is the wife of the respondent O.P. No. 2. Their marriage took place in the year 2000, and she lived with the respondent No. 2 till 07.03.2022. In the course of the marriage, the petitioner gave birth to two male children, presently aged about 22 years and 12 years. During the subsistence of the marriage, the respondent O.P. No. 2 married again, and the petitioner was subjected to cruelty and torture at the hands of her husband/respondent/O.P. No. 2, as a result of which she left her matrimonial home and has been residing ever since at her parental home in Dhubri.
3. The petitioner instituted a petition against her husband being C.R. (D.V.) Case No. 163/2022 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, as well as another case being Misc. Case No. 42/2022 under Section 125 Cr.P.C., both of w
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