RUBUL BARUAH Vs. RUPTRISHNA DUTTA

JUDGEMENT

(1.) This is an application under Section 482 read with Sections 397/401 Cr.P.C. praying for setting aside and quashing of the complaint proceeding being C. R. Case No.18/2018 under Section 403/406 IPC pending in the Court of learned Judicial Magistrate, 1st Class, Jorhat and the impugned orders, dated 12.02.2018 and 12.03.2018 passed therein.

(2.) The petitioner's case, in a nutshell, is that he is working as a Senior Manager (F & S), Numaligarh Refinery (NRL), Golaghat and he got married to the respondent on 11.03.2012 socially at Golaghat and the Court marriage under the Special Marriage Act, 1954 was held in the office of Marriage Officer, Tinsukia, on 26.1201 After marriage, both the parties were peacefully continuing their conjugal life residing in the official quarter of the petitioner. However, due to some domestic differences, a divorce suit under Section 27 (1) (d) of the Special Marriage Act, 1954 was instituted for dissolution of marriage by a decree of divorce, being Title Suit (Matrimonial) No. 34/2015 in the Court of learned District Judge, Jorhat, Assam. During the pendency of the said divorce proceeding, the respondent issued a legal notice, through her Advocate, to the petitioner, on 19.07.2017, for handing over of her articles enclosing a list of 26 nos. of items. In the meantime, their marriage stood dissolved by a decree of divorce, dated 25.07.2017, passed in the said divorce proceeding and the legal notice was replied, thereafter, on 27.07.2017, through his lawyer, dated 04.08.2017, whereby he consented to hand over the articles to respondent as per her convenience and bearing herself the cost of transportation, but there was no response from the respondent's end. After, the decree of divorce, the respondent has prepared appeal vide MAT Appeal No. 01/2018 along with I.A. (Civil) No. 115/2018 before this Court, which is now pending. On the other hand, the respondent filed complaint case No. 18/2018 under Section 403/406 IPC in the Court of learned Judicial Magistrate, 1st Class, Jorhat on 102018 against the petitioner, which was made over to the Court of learned Judicial Magistrate, 1st Class, Jorhat for disposal and after inquiry under Section 200 Cr.P.C. issued summons to the accused petitioner vide order, dated 103.2018. Hence, the instant petition praying as stated above.

(3.) Mr. S. K. Sarkar, learned counsel for the petitioner, submits that as the marriage between the petitioner and the respondent stood dissolved by a decree of divorce and as stated in the reply to the notice, dated 04.08.2017, the respondent may take back her furniture/accessories/kitcheneries as per her convenience, but the petitioner is not inclined to bear the cost of transportation or take any responsibility of damage, during packing/ transportation etc.