Mithun Debnath and 5 Ors. Vs Anima Debnath

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GAHC010197342018

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2025:GAU-AS:2229

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

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Case No. : Crl.Rev.P./403/2018

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MITHUN DEBNATH AND 5 ORS.

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S/O SRI MANIK DEBNATH, R/O DIGBOI ANANDAPARA, PO AND PS DIGBOI, DIST. TINSUKIA, ASSAM, PIN-786171

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2: CHUTAN DEBNATH @ DEBASHISH DEBNATH S/O SRI MANIK DEBNATH R/O DIGBOI ANANDAPARA PO AND PS DIGBOI DIST. TINSUKIA ASSAM PIN-786171

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3: ANJU DEBNATH W/O SRI MANIK DEBNATH R/O DIGBOI ANANDAPARA PO AND PS DIGBOI DIST. TINSUKIA ASSAM PIN-786171

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4: SOMA DEBNATH W/O SRI CHUTAN DEBNATH @ DEBASHISH DEBNATH R/O DIGBOI ANANDAPARA PO AND PS DIGBOI DIST. TINSUKIA ASSAM PIN-786171

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5: MANIK DEBNATH S/O LATE HARIMOHAN DEBNATH R/O DIGBOI ANANDAPARA PO AND PS DIGBOI DIST. TINSUKIA ASSAM

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PIN-786171

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6: SWAPAN DEBNATH S/O LT. HARIMOHAN DEBNATH R/O DIGBOI ANANDAPARA PO AND PS DIGBOI DIST. TINSUKIA ASSAM PIN-78617

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VERSUS

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ANIMA DEBNATH

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W/O SRI MITHUN DEBNATH, D/O SRI NITYANANDA DEBNATH, R/O TELIBATI, PO AND PS HOJAI, DIST. HOJAI, ASSAM, PIN-782435

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Advocate for the Petitioner : MR D KALITA,

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Advocate for the Respondent : MS. T SOM, MR. R DEV,MR H DAS,MS P LEKHARU,MR. P TELI

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BEFORE

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HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

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04.03.2025

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Heard Mr. D. Kalita, learned counsel for the petitioners. Also heard Mr. R. Dev, learned counsel for the sole respondent.

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2. By way of this criminal revision petition under Section 397 read with Section 401 of CrPC, the petitioners is assailing the impugned Judgment dated 12.06.2018 passed by the learned Addl. District & Sessions Judge (FTC), Hojai, Sankardev Nagar in Criminal Appeal No. 05/2015, whereby the learned Additional District Judge (FTC) dismissed the appeal filed by the petitioners.

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3. The facts of the case is that the respondent upon being tortured and harassed by the petitioners filed an application under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 (hereinafter referred to as DV Act) before the learned Judicial Magistrate, 1^st Class, Hojai, Sankardev Nagar, which was registered as Misc Case No. 34/2013.

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4. The learned Judicial Magistrate upon hearing the parties directed the petitioners to provide accommodation in the share household or to pay Rs. 2000/- per month towards rent for separate accommodation and to pay Rs. 100,000/- as compensation besides monthly maintenance under Section 125 CrPC proceedings. Against this, an appeal was filed before the learned Addl. District & Sessions Judge (FTC), Hojai, Sankardev Nagar, which was dismissed. As such, the criminal revision petition is being filed.

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5. Pertinent that the respondent had also initiated under Section 125 CrPC proceeding wherein the learned Sub Divisional Judicial Magistrate, Hojai, Sankardev Nagar by Order dated 22.07.2014 allowed maintenance of Rs. 10,000/- per month. Though, against the said order a revision petition was preferred before this Court being Criminal Revision Petition No. 65/2015, this Court directed the petitioners to pay 50% of the maintenance allowance till disposal of the said proceeding. It is submitted at the bar that the said proceeding is still pending.

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6. Mr. D. Kalita, learned counsel for the petitioners submits that under Section 12 of the DV Act proceeding was allowed by the learned JMFC, Hojai, Sankardev Nagar without there being any evidence of torture and harassment and accordingly, the impugned Judgment and Order passed by the Appellate Court affirming the said order is erroneous.

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7. Per contra, Mr. R. Dev, learned counsel for the sole respondent submits that it has clearly come out from the testimony of the prosecution witness that the petitioner and his family members used to harass and torture the respondent with demand of money.

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8. I have heard the submissions advanced by the learned counsels for both the parties and I have perused the materials available on record.

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9. It appears that the present criminal revision petition is against the Appellate Court’s Order dated 12.06.2018, whereby the Appellate Court refused to interfere with the Judgment and Order dated 08.07.2015 passed by the JMFC, Hojai, Sankardev Nagar in Misc Case No. 35/2013 under Section 12 of the DV Act.

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10. It appears that in the aforesaid domestic violence proceeding, it has come out from the evidence of the PW-1 i.e. the wife that the petitioners started harassing her after marriage by telling her that the articles given at the time of marriage were of inferior quality and it has also come out from her testimony that the petitioner and his parents were demanding Rs. 15,00,000/- from her but her father could only paid an amount of Rs. 2,00,000/- and therefore, on that pretext, the petitioner alongwith his family members were harassing her by reminding her of the remaining money.

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11. It further appears from the evidence of PW-1 that the respondent had given birth to a still born child and upon returning home from the hospital, the petitioner and his family members did not take care of her and give medical assistance rather they assaulted and abused her.

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12. It further appears that during cross examination, the petitioners could not

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shake the aforesaid testimony of PW-1. It also appears that the testimony of torture and harassment deposed by the PW-1 is also corroborated with PW-2, PW-3 and PW-4.

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13. It further appears that the petitioners adduced their evidences as DW-1 and DW-2 and in their testimony, they have generally denied the allegations of demanding Rs. 15,00,000/- and other acts of torture.

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14. It was in the aforesaid background that the learned JMFC after being satisfied that the respondent has proved the harassment and torture meted to her by the petitioner and his family members directed the petitioners prohibiting from committing any act of or aiding or abetting in the commission of domestic violence upon the respondent either at the place of her current stay or on her return at the matrimonial house.

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15. The learned JMFC also directed the petitioners to provide accommodation to the respondent in the shared household or to provide separate accommodation and in failure to do so, the petitioners was directed to pay Rs. 2000/- per month as rent to enable to the petitioner to live in a rented house.

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16. The learned JMFC also further pleased to direct the petitioners to pay Rs. 100,000/- as compensation and damaged to the mental torture and emotional distress caused by the acts of domestic violence committed by the petitioners.

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17. The Appellate Court after re-appreaciating the said evidences was of the view that the reliefs granted by the JMFC was correct and accordingly refused to interfere with the aforesaid order of the JMFC.

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18. This Court while exercising revisional jurisdiction shall not re-appreciate

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the evidences and is only to see whether the order passed by the JMFC is in accordance with law or not.

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19. That being so, there is no palpable and manifest error apparent on the face of the Judgment and Order of the Appellate Court. Accordingly, this Criminal Revision Petition fails.

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20. The Criminal Revision Petition stands dismissed. No cost.

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21. Interim order, if any, passed earlier accordingly stands vacated.

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JUDGE

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Comparing Assistant

Mithun Debnath and 5 Ors. v. Anima Debnath

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Mithun Debnath and 5 Ors. v. Anima Debnath

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