MANASH PRATIM NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned counsel Mr. N Barman for the petitioner 'Y' who has filed this application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S. for short) read with Sec. 438, 442 of the Bharatiya Nyaya Sanhita, 2023 (B.N.S. for short) with prayer for quashing the P.R.C. Case No. 2076/2024 arising out of Dispur P.S Case No. 500/2024, registered under Sec. 498A/325/307/506/294 of the Indian Penal Code, 1860 (I.P.C. for short) dtd. 24/5/2024, corresponding to G.R Case No. 3015/2024 and charge-sheet No. 445/2024 dtd. 4/7/2024.

(2.) Heard Mr. D.K Nath, learned counsel for respondent No. 2 and Mr. B Sarma, learned Additional Public Prosecutor, Assam.

(3.) An F.I.R was lodged by the respondent No. 2, 'X' on 24/5/2024 that her marriage was solemnized with the petitioner and after 2 (two) months of her marriage, the petitioner and his family members, subjected the respondent No. 2, victim to cruelty to meet their illegal demand of dowry. She was subjected to both mental as well as physical harassment, but, she had to endure the cruelty to save her marital life. At times, the petitioner, after consuming alcohol, used to demand dowry and assault her to meet his demand of dowry. At present, she is suffering from partial deafness of her left ear and from problems relating to breathing. The petitioner even tried to strangulate her.