SHIBANI KAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application u/s 482 of the CrPC has been preferred for quashment of the proceedings of C.R. Case No.1455/2015 and the order dated 06.06.2015, passed by the learned Magistrate, Diphu, Karbi Anglong taking cognizance against the accused petitioners u/s 307/341/323/405/379/294/506 of the IPC and issuing process to them under the said sections.

(2.) Heard Mr. R. Dev, learned counsel appearing for the petitioners and Mr. A. J. Atia, learned counsel appearing for the respondent No. Also heard Mr. N. K. Kalita, learned Addl. PP, Assam.

(3.) The respondent No.2 herein filed a complaint before the court at Diphu on 29.04.2015 alleging therein that he is the husband of Smti. Shibani Kar, the accused No.1 in the complaint petition and their marriage was solemnized on 12.05.200 As a result of their co-habitation a child was born. From the very beginning acrimony has started in their marital relationship and his wife started torturing him both mentally and physically on various pretexts. On 09.10.2011 at about 9 am the other co accused who are the close relatives of his wife came to his house and took his wife to the parental house and while leaving his house his wife took away some gold ornaments belonging to him. He tried his best to bring her back to his company but failed and they threatened him with his life if he makes any further attempt to bring back his wife to his company. One day when he visited her house he was assaulted and kept under confinement and he was released only after he threatened them with police action.