SHAHAB UDDIN MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY filing this petition under section 482, Cr.PC, the petitioners have prayed for quashing of the FIR on the basis of Algapur P.S. Case No. 278/09 (corresponding to G.R. Case No. 1202/09) under section 108/120(B)/468/34, IPC.

(2.) HEARD Mr. N. Dhar, learned counsel for the petitioners and Mr. F.U. Borbhuiyan, learned counsel appearing for the respondent No. 2 as well as Mr. Gogoi, learned Addl. Public Prosecutor for the State/respondent.

(3.) UPON perusal of the aforesaid written statement filed by the respondent/petitioner, the petitioner filed a complainant case in the court of the learned Judicial Magistrate, Hailakandi which was registered as C.R. Case No. 1280c/09. The aforesaid C.R. Case was forwarded by the learned Magistrate for necessary investigation under the provision of section 156(3), Cr.PC. Thereafter Algapur P.S. Case No.278/09 under section 108/120(B)/468/34, IPC was registered by police. On the next date of filing of the complaint Case before the Magistrate the petitioner also instituted Title Suit No. 142/09 in the Court of the Munsiff No. 1, Hailakandi on 17.12.2009. In the aforesaid Title Suit the petitioner prayed for a declaration that the respondent/wife was legally divorced by the petitioner and also paid maintenance allowance as required under the law.