Disposed¶24

Hiru Nath and Ors. v. the State of Assam and Anr.

Gauhati HC2 Nov 2025I.A.(Crl.)/739/2025

Case brief

AI extract

What is this about?

Gauhati High Court; I.A.(Crl.)/739/2025; Hiru Nath & Ors v. State of Assam & Anr; order dated 03.11.2025; Justice Sanjeev Kumar Sharma; stay of further criminal proceedings; GR Case No. 915/2022; Lala PS Case No. 276/2022; JMFC Hailakandi; complaint as counter blast to divorce suit; divorce proceeding 07.02.2022; complaint lodged 18.09.2022; Kamal and others v. State of Gujarat (2025 40 INSC 504); proceedings stayed until further orders; I.A. disposed of.

What did the court decide?

Further proceedings in GR Case No. 915/2022, arising out of Lala PS Case No. 276/2022, pending in the Court of JMFC, Hailakandi, stayed until further orders. ¶24

Hiru Nath and Ors. Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/2

GAHC010151682025

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

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Case No. : I.A.(Crl.)/739/2025

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HIRU NATH AND ORS

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S/O HRIDAY CHANDRA NATH R/O VILL- RAJYESWARPUR PT.V, P.S. LALA DIST. HAILAKANDI, ASSAM PIN- 788163

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2: SMTI. BASONTI RANI NATH W/O HRIDAY CHANDRA NATH R/O VILL- RAJYESWARPUR PT.V P.S. LALA DIST. HAILAKANDI ASSAM PIN- 788163

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3: SMTI. SHUVANA NATH @ BOBI D/O HRIDAY CHANDRA NATH R/O VILL- RAJYESWARPUR PT.V P.S. LALA DIST. HAILAKANDI ASSAM PIN- 788163

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4: SMTI. JHARNA NATH W/O MONULAL NATH R/O VILL- RONGPUR PT.II P.S. KATLICHERRA DIST. HAILAKANDI ASSAM PIN-78816

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VERSUS

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THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP, ASSAM

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2:DEEPSIKHA NATH D/O PRABIR NATH R/O LALA TOWN WARD NO. VI P.S. LALA DIST. HAILAKANDI PIN-78816

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Advocate for the Petitioner : MR. K A MAZUMDER, MR A HAI,MR E AHMED

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 03.11.2025

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Heard the learned counsel for the petitioner and the learned counsel for the respondent.

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The scanned copy of the TCR has been received and perused the same.

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It is submitted by the learned counsel for the petitioner that the present criminal proceeding has been instituted as a counter blast to the divorce suit filed by the husband of the respondent. The present petitioners are the family members of the husband. It is pointed out that the husband of the respondent had executed a divorce proceeding on 07.02.2022 and the complaint has been lodged on 18.09.2022 against the husband as well as the present petitioners.

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Also perused the judgment of the Hon’ble Supreme Court in Kamal and others vs. State of Gujarat and another (2025 40 INSC 504) , wherein it has been held that when one party initiates a complaint after divorce proceeding has been initiated against the other, the Court must be circumspect in taking the allegations at their face value.

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Having regard to the above, further proceeding in GR Case No. 915/2022, arising out of Lala PS Case No. 276/2022, pending in the Court of JMFC, Hailakandi, shall remain stayed until further orders.

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I.A. is accordingly disposed of.

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JUDGE

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Comparing Assistant

Hiru Nath and Ors. v. the State of Assam and Anr.

Case brief

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Hiru Nath and Ors. v. the State of Assam and Anr.

Case brief

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