Cri. Petn. No. 10 of 2015. Case: Smti. Lorina Nongseij Vs The State of Meghalaya and Ors.. Meghalaya High Court

Case NumberCri. Petn. No. 10 of 2015
Party NameSmti. Lorina Nongseij Vs The State of Meghalaya and Ors.
CounselFor Petitioner: P. N. Nongbri, Adv. and For Respondents: S. Sen Gupta, G. A., G. Marak, Ms. N. G. Shylla, Advs.
JudgesT. Nandakumar Singh, J.
IssueCriminal Procedure Code (2 of 1974) - Sections 482, 320
Citation2016 CriLJ 1067
Judgement DateDecember 07, 2015
CourtMeghalaya High Court

Judgment:

  1. Heard Mr. P.N.Nongbri, learned counsel appearing for the petitioner, Mr. S.Sen Gupta, learned GA appearing for the respondent No.1, Mr. G.Marak, learned counsel appearing for the respondent No. 2 and also Ms. N.G.Shylla, leaned counsel appearing for the respondent No. 3.

  2. By this criminal petition, petitioner is praying for quashing the criminal case G.R. (A) Case No. 92/2014 (i.e. Rynjah P.S. Case No. 9 (2) 2011, under Sections 365, 367, 325 read with 34 of the IPC) against the present petitioner. The fact of the case sufficient for deciding the present criminal petition is recapitulated. The petitioner (wife) married the respondent No. 2 under the Special Marriage Act, and their marriage was also registered and obtained the Marriage Certificate dated 11-04-2003. It is stated that due to excessive abuse by the respondent No.2, the petitioner was constantly facing hardship. It is also stated that the respondent No. 2 had undergone various treatments for excessive abuse of alcohol.

  3. The respondent No.2 had filed a case being Rynjah P.S. Case No. 9 (2) 2011, under Sections 365, 367, 325 read with 34 of the IPC before the Officer Incharge, Rynjah Police Station. Copy of the original ejahar of the said P.S. Case No. 9 (2) 2011, under Sections 365, 367, 325 read with 34 of the IPC is available at pages 13 and 14 of the present criminal petition. For easy reference, the said ejahar is quoted hereunder:

    To

    The Officer In Charge

    Rynjah Police Station

    Shillong

    Subject: First Information Report.

    Sir, With reference to the subject cited above, I the undersigned beg to state as follows:- That I am a permanent resident of Langkyrding, Nongmensong on 07-02-2011 when I reached home at 10.15 p.m. my wife Smt. Lorin Nongsiej inform me that some people had argued above me with regard to an accident. Since it was late I told her that the matter would be solved out the next day. I went to bed when at about 10.30 p.m. some people knocked at my bedroom door and a male voice spoke in which stating that there have been an accident and asked me to open the door. I replied that it was late but he insisted that I came and release the vehicle.

    At his resistance I opened the door to my room when three men grabbed me and shut my mouth and handcuff my hand behind. I struggle but they threatened and stuffed above ten nos of talleb into my mount and me to an Indica which was waiting outside the person drove and led the way in a blue coloured Ritz while the Indica followed the blue Ritz than stopped at Mawiong and return to Shillong while the Indica proceeded to Guwahati when I was consciousness.

    That I regain consciousness at above 8a.m. the next day in the house situated at Charali and was blueed on the house arrest till the next date when they take me to the railway station at Guwahati and force me to bored a train which was Howrah bound at above 6 a.m. along with two people. That we reached Calcutta on 10-2-2012 at above 2 p.m. when I saw some men at Howrah railway station wearing police uniforms and ask them for help I then inform them of my situation and they ask me to write a complain which I did instead they took me to Howrah Police station where I was made to wait till 2 p.m. when the person who had abducted me from my house come and took me to a waiting maruti van once inside the...

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