SUBHAS CHANDA Vs. SARBAJAYA SEN

JUDGEMENT

(1.) This is an application under Section 482 Cr. P.C. for quashing of a proceeding in Complaint Case No. C.R. 2816/94, under Section 323/324/498 A/406/342/34 IPC pending in the court of Judicial Magistrate, 1 st Class, Lakhimpur at North Lakhimpur.

(2.) Heard Mr. Y.K. Phukan, learned Senior Advocate for the petitioner and Shri B. Banerjee, learned counsel for the respondent.

(3.) The complainant opposite party, who is a school teacher, filed a complaint case. C.R. 2816/94 before the judicial Magistrate, 1st Class, North Lakhimpur against her husband, Shri Subhas Chanda, accused petitioner No. 1, who is also a school teacher. The case in brief is that the complainant and the accused were married as per Hindu rites and out of the said wedlock a daughter was bom to the complainant. It is alleged that both the accused and the complainant were serving at two different places and some dispute in their marital life arose. It is further alleged that the complainant was subjected to physical and mental torture, the complainant was forced to leave the shelter of her husband and she was threatened with dire consequences against demanding her Stridhan property. The learned trial Magistrate took cognizance of the offence and issued process against, as many as, four persons.