SWABERA SALEH Vs. RAJIB SALEH

JUDGEMENT

(1.) This revision pelition has been preferred by the petitioner for quashing of the First Infarmation Report dated 31.5.94 lodged by the respondent No. 1, husband of the petitioner, in the Geeta Nagar Police Station, Guwahati and the Case No. 44/94 u/s 143/447/448/380 IPC registered by respondent No. 2.

(2.) The petitioner is serving as Lecturer in KC Das Commerce College, Guwahati. Marriage took place between the petitioner and the informant 20 years ago and two children were born out of their wedlock, Petitioner was subjected to severe ill treatment and harassment by her husband, respondent No. 1, who is working as Superintending Engineer and Adviser Engineering to the Govt of Assam. For the last 9/10 years the petitioner was being subjected to severe ill treatment. Respondent No. 1 ordered the petitioner to leave his house with her two minor children and her belongings and accordingly the petitioner with-prior intimation to her husband and with his full knowledge collected some of her personal belonging on 20.5.94 from the residence of husband and shifted to her father's house. One Maruti car bearing registration No. AS-01-3224 had been given to the petitioner by the respondent No. 1 in the year 1989 and since then the car was being used by her for their family requirements and when she left husband's house as aforesaid she also took the said car with her. Again petitioner went to her husband's House on 31.5.94 at about 10 AM to collect the remaining items of her personal belongings. However the respondent No. 1 objected and prevented her from taking any more items from the house and assaulted the petitioner in presence of the servants.

(3.) To understand and for proper examination of the case the FIR is reproduced as follows: