Quashed

Smti. Debashree Paul v. Abhijit Paul and Anr.

Gauhati HC6 Jan 2021Crl.Pet./512/2020

Case brief

AI extract

What is this about?

The Gauhati High Court quashed an FIR and criminal proceedings under Sections 294/506 IPC. The court held the FIR failed to disclose any cognizable offense, making its registration illegal and amounting to an abuse of the court process.

What did the court decide?

The FIR and criminal proceeding in Dispur P.S. Case No. 1687/2020 registered under Sections 294/506 IPC were quashed.

Smti. Debashree Paul Vs Abhijit Paul and Anr. — Cheating and Forgery | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010143422020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./512/2020

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SMTI. DEBASHREE PAUL

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W/O SRI ABHIJIT PAUL, R/O LACHIT NAGAR, P.O.-ULUBARI, P.S.PALTANBAZAR, DIST-KAMRUP(M), GUWAHATI-781007

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VERSUS

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ABHIJIT PAUL AND ANR.

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S/O SRI PRAFULLA KUMAR PAUL, R/O FLAT NO. C5, GANAPATI ENCLAVE, KAHILIPARA, GUWAHATI-781019, HOME ADD- VILL-SANTIPARA, HOUSE NO. 198, BACKSIDE OF NATIONAL PRIMARY SCHOOL, P.O. AND P.S.LUMDING, DIST-NAGAON, ASSAM, PIN-782447

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2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSA

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Advocate for the Petitioner : MD. B HUSSAIN

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 06-01-2021

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Heard Mr. B. Hussain, learned counsel for the petitioner and Mr. D. Thaosen, learned counsel for the respondent No. 1.

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By this application under Section 482 Cr.P.C., the petitioner prays for quashing the FIR and

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the criminal proceeding in Dispur P.S. Case No. 1687/2020 registered under Sections 294/ 506 IPC.

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The learned counsel for the petitioner submits that the FIR does not disclose any offence under Section 506 or Section 294 IPC though the police registered the case under the aforesaid penal provisions. The gravamen of the allegation is that the petitioner is the legally married wife of the respondent No. 1. It has been alleged in the FIR that the petitioner being the legally married wife of the respondent No. 1 had been maintaining illicit relationship with Md. Kamin. Though, the members of the family of the respondent warned her not to maintain such illicit relationship, she did not pay any heed and continued to maintain such illicit relationship and adultery with Md. Kamin.

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There is apparently no whisper in the FIR to disclose any ingredients of the offence under Sections 506/294 of the IPC. Apparently the FIR did not disclose any other cognizable offence, and as such the police did not have the jurisdiction to register the case. Since the FIR did not disclose any cognizable offence under Sections 294/506 IPC or any other cognizable offence, registration of the case itself was illegal. Therefore, allowing the proceeding to continue would amount to abuse of the process of court.

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Accordingly, the FIR and the criminal proceeding in Dispur P.S. Case No. 1687/2020

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registered under Sections 294/ 506 IPC is hereby quashed.

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The petition is disposed of.

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JUDGE

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Comparing Assistant

Smti. Debashree Paul v. Abhijit Paul and Anr.

Case brief

What is this about?

What did the court decide?

Smti. Debashree Paul v. Abhijit Paul and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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