ABDUL KUDDUSH SK Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Section 482 of the Cr.P.C. for quashing and setting aside the proceedings in C.R. Case No. 50c/2015 which is pending in the Court of the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon.

(2.) The facts leading to the filing of the petition in brief is that the petitioner and the respondent No. 2 are the legally married couple and the marriage between them was solemnized in the year 2000 as per Muslim customs. As a result of their co-habitation, three children were born and the eldest son is aged about 14 years. For providing proper education to his children, the petitioner who is a teacher of Panijani Nepali Bathan L.P. School, Gossaigaon, who was residing permanently with his family at Rimijhimghat moved over to a rented house with his family to Saharghutu, a village situated near Rampur and started living there in a rented house. On 18.12.2014, his wife left for her parental house at village-Satbil on the pretext of giving some money to her brother and uncle and she was supposed to come back in the evening. But she did not come back to her house in the evening and in enquiry, the petitioner came to know from his father-in-law that his wife had not visited his house. In spite of his best efforts, the petitioner could not ascertain her whereabouts and having no alternative, he filed an FIR with the I/C, Simultapu outpost. On the basis of that FIR, G.D. entry No. 460 dated 19.12.2014 was made and the I/C of the outpost issued a police report to the petitioner in this regard. Subsequently, the petitioner came to know from the co-villagers that his wife had eloped with one Nur Alom Sheikh and was staying with him in New Delhi. On getting this information, he lodged another FIR before police on 02.01.2015 against his wife and Nur Alom Sheikh which has been registered as Gossaigaon P.S. Case No. 04/2015.

(3.) Soon thereafter, "a mel" was held in the village to discuss the matter where the father of said Nur Alom Sheikh was present and he gave a statement to the effect that his son Nur Alom Sheikh was missing from his house and he had come to know that he was staying in Delhi with the wife of the petitioner. A number of persons who were present in the "mel" put their signatures in the proceedings and the village headman also issued a certificate in this regard.