LAWS(GAU)-2012-4-3

MD ABDUL HAQUE SON OF LATE JONAB ALI Vs. SRIMATIJESMINA BEGUM CHOUDHURY DAUGHTER OF SHRIRAJASHAD ALI CHOUDHURY

Decided On April 25, 2012
MD. ABDUL HAQUE, SON OF LATE JONAB ALI Appellant
V/S
SRIMATIJESMINA BEGUM CHOUDHURY, DAUGHTER OF SHRIRAJASHAD ALI CHOUDHURY Respondents

JUDGEMENT

(1.) The proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ( Briefly, PWDV Act? ), pending in the Court of learned Additional Chief Judicial Magistrate, Hailakandi, Assam in MR Case No. 34 of 2008 is under challenge in this criminal petition.

(2.) This application under Section 482 of the Code of Criminal Proceeding, 1973, read with Art 20(1) of the Constitution of India has been filed by the husband praying for quashing the aforesaid criminal proceeding against him.

(3.) Heard the arguments of Dr. B Ahmed, learned counsel for the petitioner and that of Mr. MH Rajbarbhuiyan, learnedcounsel appearing for the respondent No.1/complainant. The State was represented by Mr. K Munir, learned Additional P.P. for the State.