KHAGEN CHANDRA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel for the petitioner and Ms. D. Borgohain, learned counsel appearing for the respondent No 2.

(2.) The instant revision petition under Section 397/401 r/w Section 482 CrPC is preferred by the petitioner, who is an accused in C.R. Case 535/2014 pending before the Court of Judicial Magistrate First Class, Kamrup (M), Guwahati, that was filed by the respondent wife under Section 494/109 of IPC.

(3.) The facts necessary for disposal of the matter is that the present respondent being involved in a relationship with the petitioner for several years got married to him on 21.01.1987 and subsequently two daughters were born out of the marriage. Owing to marital dispute between the parties the respondents began to reside separately from the petitioner along with her daughters in the year 1995. Thereafter on 07.06.1995 the respondent wife filed a complaint case before the learned CJM, Darrang, Mangaldai, against the petitioner alleging inter-lia that the petitioner was untraceable since 21.05.1995 and then she came to know that the petitioner had married another women namely, Nirupama Devi and started to live as husband and wife and he has threaten to leave her. On the basis of same a complaint case was registered as C.R Case No.800/95 u/s 494/114/ 120(B)/34 IPC and the same was forwarded to the officer-in-charge concerned to register a case and for investigation. However after filing of the aforesaid case both the parties enter into a mutual agreement dated 28.07.1995 and it was filed before the learned CJM, which was registered as No.787, praying for recalling of the complaint petition which was forwarded to the Police Station. Accordingly, the learned CJM forwarded the said petition to the said Police Station.