HITESH MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Mahajan, learned counsel for the petitioners. Also heard Mr. S.K. Singh, learned Senior counsel assisted by Mr. B. Pushilal, learned counsel for the respondent No. 2 as well as Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State of Assam/respondent No.1.

(2.) The petitioners have filed an application under Sec. 482/397/401 of Cr.P.C., 1973 praying for quashing of the order dtd. 24/6/2020 issuing notice to the petitioners/respondents in connection with C.R. Case No. 178/2020 under Sec. 12 of Protection of Women from Domestic Violence Act, 2005(herein after referred as 'D.V. Act, 2005').

(3.) The brief facts of the case is that the respondent No.1 has filed a complaint case under Sec. 12 of D.V. Act, 2005 before the court of Chief Judicial Magistrate, Sonitpur, alleging inter alia that she has been tortured both physically as well as mentally by her husband and his family members and as such, sought various reliefs under the provisions of the Act. Subsequently, a domestic incident report under Sec. 12 was also forwarded to the court of learned Chief Judicial Magistrate, Sonitpur from the protection officer and then it was registered as C.R. case No. 178/2020.