MARJINA BIBI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Mahibur Rahman, learned counsel appearing for the petitioners and Ms. S M Baruah, learned Additional Public Prosecutor for the State respondent.

(2.) The petitioner No. 1 Miss Marjina Bibi is the wife of the petitioner No. 2 Md. Abdul Ali. Because of some personal dispute between them, the petitioner No. 1, on 20.6.16, lodged an FIR before the Officer-in-Charge, Chhaygaon Police Station alleging that in the afternoon around 04:00 pm on 19.06.2016, while she was with her daughter, her husband, the petitioner No. 2, in presence of other members of her in-laws, physically assaulted her and also demanded dowry from her and later on the same night drove her out from her matrimonial home with her son and daughter, for which she had to take shelter in her father's house. On the basis of the said FIR, Chhaygaon Police Station Case No. 260/2016 (corresponding to GR Case No. 939(K)/2016), under Section 498(A) IPC was registered against the petitioner No. 2 and the other members of her in-laws.

(3.) Due to intervention of senior members as well as well-wishers of the victim informant petitioner No. 1 and her of her husband, petitioner No. 2, both the petitioners have settled their dispute amongst them amicably and it is stated that the petitioner No. 1 is presently living in her matrimonial home with the petitioner No. 2 happily as husband and wife. It is also submitted that as this fact has already been brought to the notice of the concerned police station, the investigation of the said police case has not yet began and the accused petitioner No. 2, husband of the victim, informant, petitioner No. 1 and the other members of her in-laws named in the said FIR have not been arrested in the said case.