Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 11 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010176172025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./962/2025
RATNA DEEP GUPTA
S/O LATE BIGHNAJIT GUPTA
R/O CHANCOORIE ROAD, P.O. AND P.S. SILCHAR, CACHAR, ASSAM, PIN-
788004.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:RUMI MAHAJAN
S/O LATE BIGHNAJIT GUPTA
R/O CHANCOORIE ROAD
P.O. AND P.S. SILCHAR
CACHAR
ASSAM PIN-78800
Advocate for the Petitioner : MS. SASWATI KAR, MR. N H BARBHUIYA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
11.08.2025
Heard Ms. S. Kar, learned counsel for the petitioner and Mr. M.P. Goswami, leaned
Additional Public Prosecutor for the respondent no. 1, State of Assam.
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2. The petitioner and the respondent no. 2 who are the husband and wife since
solemnization of their marriage on 14.08.2013, are found fighting a nos. of litigations. It is
stated that proceedings for their dissolution of marriage by decree of divorce is pending as on
date. One of such proceedings which is pending between the said two parties, on 09.07.2019,
was Criminal Appeal no. 20/2018 pertaining to reliefs under the Protection of Women form
Domestic Violence Act, 2005.
3. The petitioner has stated that on 09.07.2019, an incident occurred in the parking area
of the premises of the District & Sessions Judge, Cachar, Silchar. In the said incident, the
respondent no. 2 had intimidated, abused and slapped him. In the process, the respondent
no. 2 also torn the petitioner’s shirt pocket. Narrating the incident, the petitioner lodged a
First Information Report [FIR] before the Officer In-Charge, Silchar Police Station on
09.07.2019 and the said FIR was registered as Silchar Police Station Case no. 2314/2019
under Sections 341/294/323/427/506, IPC. After investigation, a charge-sheet was submitted
vide Charge-Sheet no. 966/2019 on 30.09.2019 finding a prima face case under Sections
294/341/352/506, IPC against the respondent no. 2.
4. The petitioner has approached this Court by the instant criminal petition under Section
528 of Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 seeking setting aside and quashing
of a proceedings of a case Police Report Case [PRC] no. 1140/2024, which arose out of
Silchar Police Staiton Case no. 2410/2019, presently pending before the Court of Judicial
Magistrate, First Class, Cachar, Silchar.
5. The petitioner has contended that the FIR in connection with Silchar Police Station
Case no 2410/2019 was lodged by the respondent no. 2 only on 19.07.2019. The respondent
no. 2 in the said FIR, had projected the incident which occurred on 09.07.2019 in a different
manner. It is ex-facie evident from the FIR dated 19.07.2019 that the said FIR was lodged by
the respondent no. 2 as counterblast to the FIR lodged by the petitioner on 09.07.2019. After
investigation, a charge-sheet was also submitted in connection with Silchar Police Station
Case no. 2410/2019 [PRC no. 1140/2014] vide Charge-Sheet no. 07/2019 on 31.07.2019.
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6. The matter would require consideration.
7. Issue notice, returnable on 05.09.2025.
8. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted
notice on behalf of the respondent no. 1, issuance of formal notice to the respondent no. 1 is
dispensed with. The learned counsel for the petitioner shall furnish requisite an extra copy of
the criminal petition along with the annexures, to Mr. Goswami within 2 [two] working days
from today.
9. The petitioner shall take steps for service of notice upon the respondent no. 2 by
registered post with A/D as well as by usual process within 3 [three] working days from
today.
10. Having regard to the projections made and upon perusal of the materials brought on
record, this Court is of the prima facie view that the petitioner has made out a case for
interim relief. Accordingly, it is ordered, in the interim, that the further proceedings of case,
PRC no. 1140/2014, arising out of Silchar Police Station Case no. 2410/2019 and presently
pending before the Court Judicial Magistrate, First Class, Cachar at Silchar shall remain
suspended till the returnable date.
11. List the case on 05.09.2025.
JUDGE
Comparing Assistant