SMRITI LEKHA KAKOTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned counsel for the petitioner as well as Mr. J.C. Choudhury and Mr. L.C. Dey, learned counsel for the respondents.

(2.) The petitioner is the wife of the respondent no. 2. She has filed this application under Sec. 482 Cr.P.C. challenging the impugned order dtd. 17/9/2015 passed by the Special Judicial Magistrate, Assam at Guwahati in Complaint Case No. 1755(C)/2015.

(3.) The petitioner has submitted that she had a love affair with the respondent No. 2 since 1997 and she got married to him in the year 2006, as per Hindu rites. From the threshold of her marriage, she was subjected to cruelty by her in-laws and finally her husband also started subjecting her to cruelty. Her husband was also maintaining an illicit relationship with Smt. 'X' and she caught her husband with Smt. 'X' red handed in an objectionable situation. This resulted in a quarrel between the petitioner, respondent no. 2 and Smt. 'X'. Thereafter, the relationship between the petitioner and the respondent no. 2 became strained and at times he also even threatened to kill her and he tried to drive the petitioner out of her matrimonial home. The petitioner was impelled to lodge the FIR on 10/6/2015, which was registered as Dispur P.S. Case No. 1126/2015, corresponding to G.R. Case No. 6002/2015 and finally, charge-sheet was laid against the respondent no. 2. Cognizance was taken by the learned Judicial Magistrate First Class, Kamrup (M), but the respondent no. 2 had preferred a Criminal Petition No. 19/2016 with prayer for quashing the FIR dtd. 10/6/2015 as well as the proceedings on the basis of the FIR.