SHRI PHILIP LIU S/O SHRI DONALD LIU, R/O NONGRIM HILLS, LAITUMKHRAH, SHILLONG, EAST KHASI HILLS DISTRICT, MEGHALAYA Vs. STATE OF MEGHALAYA REPRESENTED BY THE LAW SECRETARY, GOVERNMENT OF MEGHALAYA

JUDGEMENT

(1.) This is a petition under Section-482 of the Code of Criminal Procedure, 1973 for quashing of F.I.R. dated 28.04.2014 registered as Laitumkhrah P.S. Case No. 64 (4) of 2014 U/S 325/498A I.P.C., Charge Sheet No. 37 of 2014 dated 12.06.2014 and Criminal Proceeding being registered as G.R. No. 172 (S) of 2014.

(2.) The facts of the case, as set out in the petition are that both the petitioners came into contact with each other in the year 2002, they started cohabiting together since the year 2003 and they were also married, until the said marriage was mutually dissolved by Judgment dated 17.09.2015 and Decree dated 28.10.2015 in Divorce Mat Suit No. 20 (T) of 2015 passed by learned Additional Deputy Commissioner (Judicial), Shillong.

(3.) It is also stated by the petitioners that two minor children namely, Ms. Anny Liu and Mr. Ivan Liu were born during the subsistence of marriage. Due to temperamental differences etc. the petitioners could not live together and their relationship deteriorated. It is also stated that the petitioner No. 1 filed a Divorce Suit bearing Mat (Div) Case No. 28 (T) of 2006 and after reconciliation, the petitioner No. 1 withdrew the said suit on 07.12.2007. Thereafter, the petitioner again stayed together as husband and wife for few years. Eventually, their relationship worsened which resulted to various heated arguments which took place on 13.04.2014. The petitioner No. 2 under some wrong influence in the heat of moment lodged an F.I.R. dated 28.04.2014 before Laitumkhrah Police Station which was registered as Laitumkhrah P.S. Case No. 64 (4) of 2014 U/S 325/498A I.P.C. and the petitioner No. 1 was arrested. Thereaafter, Charge Sheet No. 37 of 2014 under Sec. 325/498A I.P.C. was filed which is pending before the Judicial Magistrate First Class, Shillong.