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2023 Supreme(Online)(GAU) 663

PRINCIPAL SEAT AT GUWAHATI
MOMTAJ KHATUN – Appellant
Versus
THE STATE OF ASSAM ND ANR – Respondent


ORDER

Date : 16.10.2023 Heard Mr. A.K. Sahu, learned counsel for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State/respondent No.1.

2. This is an application under Section 482 Cr.P.C. praying for quashing the impugned order dated 13.05.2022 passed by the JMFC, Lakhimpur, at North-Lakhimpur in C.R.(W) Case No. 43/2021, wherein the learned Magistrate took cognizance against the petitioner under Section 406/352 IPC and summons were issued.

3. The brief facts of the case is that the petitioner is the wife of the respondent No. 2, who has filed a complaint case against the petitioner along with her parents alleging that from the date of their marriage, the petitioner had a hatred feeling towards the respondent No. 2 as because the petitioner had love affair with somebody else prior to her marriage and the parents of the petitioner solemnized her marriage with the respondent No. 2 forcefully against her will. In spite of having such illicit relationship with somebody else, the respondent No. 2 advised the petitioner to remain as his wife. Accordingly, the petitioner remained in the house of the respondent No. 2 for a month. Thereafter, she went to h

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