NARJINA Vs. STATE OF ASSAM AND

JUDGEMENT

(1.) Heard Mr. S S Ahmed, learned counsel for the petitioner. Also heard Mr. H A Ahmed, learned counsel appearing for the respondent No. 2. The instant criminal petition has been preferred seeking quashing of the impugned order of cognizance dtd. 23/11/2022 passed in C.R. Case No. 375/2022 by the learned JMFC, Barpeta, as well as the said proceedings themselves. The facts leading to the present criminal petition may be briefly summarized as follows.

(2.) The petitioner is the wife of the respondent O.P. No. 2. Their marriage took place in the year 2000, and she lived with the respondent No. 2 till 7/3/2022. In the course of the marriage, the petitioner gave birth to two male children, presently aged about 22 years and 12 years. During the subsistence of the marriage, the respondent O.P. No. 2 married again, and the petitioner was subjected to cruelty and torture at the hands of her husband/respondent/O.P. No. 2, as a result of which she left her matrimonial home and has been residing ever since at her parental home in Dhubri.

(3.) The petitioner instituted a petition against her husband being C.R. (D.V.) Case No. 163/2022 under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005, as well as another case being Misc. Case No. 42/2022 under Sec. 125 Cr.P.C., both of which are pending before the learned Sub-Divisional Magistrate, Bilasipara, District Dhubri, wherein an order of interim maintenance of Rs.5,000.00 has been passed in favour of the present petitioner.