JAGADISH PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Das, learned counsel appearing for the accused/petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor, Gauhati High Court for the State/respondent No. 1 as well as Mr. K.R. Patgiri, learned counsel for the informant/respondent No. 2.

(2.) This petition under Sec. 482 read with Sec. 397/401 of the Code of Criminal Procedure ('Cr.P.C.' for short) has been filed for setting aside and quashing the impugned F.I.R. dtd. 26/12/2020 being registered as Jalukbari P.S. Case No. 1628/2020, and consequent charge-sheet dtd. 16/2/2021 as well as the orders dtd. 1/3/2021 and 3/4/2021, passed by the learned Addl. Chief Judicial Magistrate, Kamrup (M), in P.R.C. Case No. 622/2021 against the accused/petitioner under Sec. 498A of the Indian Penal Code ('IPC' for short).

(3.) Mr. P.K. Das, learned counsel for the petitioner, submitted that in spite of the apparent fact that the F.I.R. did not disclose any material information regarding the nature of cruelty perpetrated and the kind of dowry demanded, the police registered the case under Sec. 498A of the IPC and even after completion of investigation having not found any credible prima facie evidence and fulfilling the requirements of law, the investigating officer submitted the charge-sheet under the aforesaid penal provision against the petitioner. Mr. Das further submitted that one day, the respondent No. 2/the wife of the petitioner along with the son and daughter badly assaulted the petitioner and wrongfully confined him in a room of his house, for which the police, on being informed, rescued him and picked his wife/ respondent No. 2. Mr. Das vehemently submitted that in fact, the petitioner, who is aged about 60 years, has been the victim of cruelty of his wife/the respondent No. 2, but he is subjected to the instant false and fabricated case with the sole intention to perpetuate harassment on him.