Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 14 August, 2024
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010159312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./549/2021
NITIN MITTAL AND ANR
S/O LT. SUBASH MITTAL, R/O JILMIL COLONY D-BLOCK, 147 SECOND
FLOOR, EAST DELHI, P.O. VEVAK VIHAR, P.S. VEVAK VIHAR, NEW DELHI,
INDIA, PIN-110095
2: UMA MITTAL
W/O LT. SUBASH MITTAL
R/O JILMIL COLONY D-BLOCK
147 SECOND FLOOR
EAST DELHI
P.O. VEVAK VIHAR
P.S. VEVAK VIHAR
NEW DELHI
INDIA
PIN-11009
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:BOBITA GOSWAMI MITTAL
D/O RADHA BINUD GOSWAMI
R/O TOWKOK TEA ESTATE
P.O. TOWKOK
P.S. NAMTOLA
DIST. CHARAIDEO
ASSAM
INDIA
PIN-78569
Advocate for the Petitioner : MR. T DEURI, MR. B KALITA
Advocate for the Respondent : PP, ASSAM, MR. A DEB (r-2),MR. A A R KARIM (r-2)
Page No.# 2/4
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
O R D E R
14.08.2024 Heard Mr. T. Deuri, learned counsel appearing for the petitioners and Mr. A.A.R Karim, learned counsel appearing for the opposite party No.2.
2. The petitioner No.1 and the opposite party No.2 are husband and wife, where the petitioner No.2 is the mother of petitioner No.1/mother-in- law of opposite party No.2.
3. On the basis of an application filed by the opposite party No.2 under the Protection of Women from Domestic Violence Act, 2005 on 13.03.2020 before the learned Sub-Divisional Judicial Magistrate, Charaideo, Sonari against the present petitioners, Misc (DV) Case No.03/2020 was registered and the said learned Magistrate on 13.03.2020 took cognizance of the case under Sections 18/19/20 of the Protection of Women from Domestic Violence Act, 2005.
4. By this application, the petitioners prayed for quashing of the proceeding of said Misc (DV) Case No.03/2020 presently pending before the Court of learned S.D.J.M, Charaideo at Sonari.
5. The petitioners earlier filed application for transfer of the said Misc (DV) Case No.03/2020 from the Court of S.D.J.M, Charaideo at Sonari to Karkadooma at New Delhi by filing Transfer Petition (Criminal) No.843/2023 before the Hon'ble Supreme Court.
6. On being enquired, Mr. T. Deuri, learned counsel for the petitioners Page No.# 3/4 submits that the said transfer petition of the petitioners was dismissed by the Hon'ble Supreme Court.
7. On being enquired about the mediation proceeding between the parties, Mr. A.A.R Karim, learned counsel for the opposite party No.2 submits that the petitioner No.1 did not appear before the mediator concerned. In that regard, the mediator on 19.03.2024 submitted a report that the mediation between the petitioner No.1 and the opposite party No.2 failed.
8. The Court when enquired the learned counsel for the petitioners as well as for the opposite party No.2 and on being instructed, they submits that both of them are willing to give a try for a mediation.
9. However, Mr. T. Deuri, learned counsel for the petitioner No.1 submits that the husband of the opposite party No.2 i.e., the petitioner No.1 is residing at Delhi and as such, he should be given some time to appear before the mediator.
10. Considering the same, both the petitioner No.1 namely, Shri Nitin Mittal and the opposite party No.2 namely, Smti Bobita Goswami Mittal are directed to appear before the Gauhati High Court Mediation Committee in the Principal Seat of the Gauhati High Court at Guwahati at 10.30 a.m. on 06.09.2024.
11. As this order has been passed in presence of the learned counsel for the petitioners as well as the opposite party No.2, no formal notice need be issued to the petitioner No.1 as well as the opposite party No.2 for their appearance before the Gauhati High Court Mediation Committee at Principal Seat at Guwahati.
Page No.# 4/4
12. The mediator concerned of the Gauhati High Court Mediation Committee shall submit its report to the Court on or before 04.10.2024.
13. Copy of this order forthwith be forwarded to the Gauhati High Court Mediation Committee for its information and necessary action.
14. List on 04.10.2024.
JUDGE Comparing Assistant