Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 14 July, 2021
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/3
GAHC010075982021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./301/2021
SHAHNWAJ BEGUM LASKAR AND 3 ORS
W/O- AMIRUL HAQUE CHOUDHURY, R/O- BERENGA PART-II, SILCHAR-
788005 DIST.- CACHAR, ASSAM PRESENTLY RESIDING AT UNIVERSITY
QUARTER OF ASSAM UNIVERSITY, DARGAKUNA, SILCHAR, DIST.-
CACHAR, ASSAM
2: ANAMUL HOQUE LASKAR
S/O- ATAUR RAHMAN LASKAR
R/O- VILL- BURIBAIL PART-II
P.S. BORKHOLA
DIST.- CACHAR
ASSAM
3: ATAUR RAHMAN LASKAR
S/O- ABDUL MATALIB LASKAR
R/O- VILL- BURIBAIL PART-II
P.S. BORKHOLA
DIST.- CACHAR
ASSAM
4: HAZERA BEGUM LASKAR
W/O- ATAUR RAHMAN LASKAR
R/O- VILL- BURIBAIL PART-II
P.S. BORKHOLA
DIST.- CACHAR
ASSA
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY P.P., ASSAM
2:MUSTT HAPPY AKHTAR RAJKHAN @ HAPPY
W/O- SAHARUZZAMAN LASKAR
Page No.# 2/3
D/O- LT. ABBAS ALI RAJKHAN
R/O- UDHARBOND LATHIGRAM
P.S. UDHARBOND
DIST.- CACHAR
ASSAM
PIN- 78803
Advocate for the Petitioner : MR. JUNM LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
:: O R D E R ::
14-07-2021 Heard the learned counsel for the petitioner.
The petitioners herein are father-in-law, mother-in-law and sister-in-law and brother-in-law of the respondent No.2, who lodged a complaint against all the petitioners including another i.e. the son of the petitioner Nos. 3 and 4 complaining about some domestic violence which has been registered as Misc Case DV Case No. 105/2020 under Section 12 of Protection of Women from Domestic Violence Act, 2005. The learned CJM, Cachar, Silchar took cognizance of the offence and issued notice to all the petitioners (respondent therein). Challenging the entire proceeding against the petitioners, the present petition has now been moved under Section 482 Cr.P.C. for setting aside the entire proceeding against the petitioners on the ground that they are no way related with the offence alleged as the entire allegation is against her husband and whereas petitioner Nos. 1 and 2 remain separately at a distance from their parental house whereas petitioner Nos. 3 and 4 are old aged persons/parents-in- law of the complainant/respondent No.2 aged about 83 and 75 years respectively.
Heard the submission of the learned counsel for the petitioner and gone through the complaint that has been filed by the respondent No.2. Primary allegation is against accused No.1.
The marriage between respondent No.2 and Saharazzuman Laskar was solemnized in the year 2008 and they have a child of about 10 years. There is no any specific incident of harassment against present petitioner save and except vague allegation against entire family.
Issue notice to the respondent No.2 by registered post with A/D and usual process, returnable by four weeks and furnish copy to respondent No.1 who is a formal party.
Page No.# 3/3 Call for the scanned copy of the LCR.
Considering all entirety of the matter, till returnable date further proceeding of Misc Case DV Case No. 105/2020 pending in the court of learned CJM, Cachar, Silchar is hereby stayed so far as regard the present petitioners.
JUDGE Comparing Assistant