Domestic Violence Act filed in revenge Quashed

Gauhati High Court

Gubinda Teron & 4 Ors
vs
Smt. Sumi Das & Anr on 3 August, 2017

Bench: Manash Ranjan Pathak
Crl. Pet. No. 532 of 2016

BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

03.08.2017
Heard Mr. Muij Uddin Mahmud, learned counsel for the accused petitioners. Also heard Mr. Dulal Chandra Kath Hazarika, learned counsel for the opposite party No.1/aggrieved woman and Mr. Pranjit Singha Lahkar, learned Additional Public Prosecutor, Assam for the opposite party No. 2 State.

2. In this criminal petition, the petitioners have prayed for quashing of the proceeding of Misc. (DV) Case No. 04/2016 filed by the aggrieved person/opposite party No.1 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending before the learned Judicial Magistrate First Class, Sivasagar.

3. The contention of the petitioners herein is that the said petition under Section 12 of the PWDV Act, 2005 has been filed with false allegation against them as counter blast to the proceeding of GR Case No. 6307 of 2012, arising out of Gorchuk Police Station Case No.179/2012 wherein the opposite party No.1 is a charge-sheeted accused under Sections 379/420/406/506/34 IPC.

4. It is seen that the opposite party No.1, the aggrieved woman filed her application under Section 12 of the PWDV Act, 2005 on 11.05.2016 before the learned Chief Judicial Magistrate, Sivasagar against her husband, petitioner No.1 herein and his family members, i.e. members of her in-laws.

5. From the connected proceeding of the Criminal Petition No. 415 of 2016, disposed of today as well as from the Complaint/FIR dated 07.06.2012, pertaining to said Gorchuk Police Station Case No. 179/2012, it is seen that the aggrieved woman/opposite party No. 1 herein left her matrimonial home on 30.12.2011 and did not return to live with her husband/petitioner No.1 in spite of his approach to her. It can be seen that the opposite party No.1 filed the said application under Section 12 of the PWDV Act, 2005 against the petitioners only after receipt of summons in the aforesaid GR Case No. 6307/2012 arising out of Gorchuk PS Case No. 179/2012 and the learned JMFC, Sivasagar while issuing process in the said Misc. (DV) Case No. 4/2016 did not consider the aspect that said aggrieved woman/opposite party No. 1 filed the said application under the PWDV Act, 2005 only on 11.05.2016 alleging offences against the petitioners with regard to an incident of 2010.

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6. It is also seen that the opposite party No. 1 as an applicant also filed an application under Section 125 Cr.P.C. being Misc. Case No. 41/2013 against the petitioner No. 1, her husband which is pending before the learned JMFC, Sivasagar claiming maintenance from him and that the opposite party No. 1 in her said Misc. (DV) Case No. 4/2016 filed under Section 12 of the DV Act of 2005 is totally silent in that regard. Moreover, in her said application under Section 125 CrPC in Misc. Case No.41/2013 the aggrieved person/opposite party No.1 did not raise any allegations against the petitioner Nos. 2 to 5 though they have been made parties in her application under Section 12 of the DV Act, 2005 being Misc. (DV) Case No. 04/2016.

7. Finding that the application of the opposite party No. 1 filed under Section 12 of the PWDV Act, 2005 being Misc. (DV) Case No. 04/2016 presently pending before the Learned JMFC, Sivasagar has been filed only to harass the petitioner in a revengeful manner as she found herself to be a charge-sheeted accused in the proceeding of GR Case No. 6307/2012 arising out of Gorchuk PS Case No. 179/2012, in which petitioner No.1 is the informant, wherein the Trial Magistrate has already taken cognizance of the offences under Sections 379/420/406/506/34 IPC and issued process for her appearance in the said GR Case.

8. For the reasons above, the Court is of the view that if the said case being Misc. (DV) Case No. 4/2016 filed on 11.05.2016 under Section 12 of the PWDV Act, 2005 that has been filed by the Opposite party No. 1 as an aggrieved woman in a revengeful manner and to harass the petitioners herein as she has been implicated in said GR Case No. 6307/2012 as noted above, is allowed to continue, it would be an abuse of the process of the Court and as the proceeding of said Misc. (DV) Case No. 4/2016 is bad in law, as such it cannot sustain.

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9. Accordingly, in exercise of the power conferred under Section 482 Cr.P.C. the entire proceeding of said Misc. (DV) Case No. 4/2016 filed by the opposite party No. 1 including her application dated 11.05.2016 under Section 12 of the PWDV Act, 2005 filed in the said case, now pending before the learned Chief Judicial Magistrate, Sivasagar is hereby set aside and quashed for the ends of justice.

10. The interim order passed earlier on 22.07.2016 in the present case shall stand merged with this order.

11. In view of the above, this criminal petition stands allowed.

JUDGE

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