KAMAL CHANDRA DAS Vs. ANJANA DAS

JUDGEMENT

(1.) Leave granted.

(2.) By the impugned order, the High Court has quashed the proceedings initiated by the Appellants in Complaint Case Nos. 45C of 2001 and 410C of 2000, pending in the court of Additional Chief Judicial Magistrate, Tinsukia. The Appellants are husband and sister-in-law of the Respondent. The Respondent had filed F.I.R. dated 16.5.2000 against her husband and sister-in-law, inter alia, alleging adultery asserting that she saw both of them in a compromising position. This led to the Appellants filing the aforesaid two cases which have been quashed by the High Court directing that the complainants in those two cases would be at liberty to approach the Court in case the finding in the case arising out of F.I.R. dated 16.5.2000 is in their favour. In our view, the proper course to follow is to stay the proceedings in the aforesaid two complaint cases, to be taken up after decision in the case arising out of F.I.R. dated 16.5.2000.

(3.) In this view, we set aside the impugned judgment and order of the High Court and direct that the proceedings in Complaint Cases Nos. 45C of 2001 and 410C of 2000 shall remain stayed in the manner above directed, with liberty to the parties to have them revived after decision in the case arising out of the F.I.R. filed by the Respondent.