DILIP BAHURIA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Toshitemjen Pongener, learned counsel for the petitioners, and also heard Mr. V. Zhimomi, learned Public Prosecutor for the State of Nagaland.

(2.) This application under Sec. 482 of the CrPC, 1973 has been filed jointly by the petitioner nos. 1 and 2 seeking quashment of the criminal proceedings which is pending before the court of the learned Judicial magistrate First Class in GR Case No. 30/2022, Kohima Women P.S. Case No. 03/2022 under Ss. 323/354B/498A IPC, 1860.

(3.) The facts of the case is that both the petitioners herein are husband and wife. The petitioner no. 2, on 21/3/2022 had lodged an FIR before the Officer-in-charge, Women PS, Kohima, Nagaland against the petitioner no. 1 interalia alleging that the petitioner no. 1 has been physically, sexually, economically and mentally abusing her for years. Accordingly, FIR was registered being Kohima Women PS Case No. 03/2022 under Ss. 323/354B/498A IPC. Thereafter, on the basis of the FIR, the petitioner no. 1 was arrested on the same day.