Gauhati High Court
Crl.Pet./1119/2024 of SURAJ CHETRY AND ANR Vs NAYANMONI CHOUDHURY on 20 August 2026
GAHC010001042026 2026:GAU-AS:11940 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1119/2024 1. SURAJ CHETRY AND ANR S/O LATE PADMA BAHADUR CHETRY R/O VILL- KAMALPUR P.S. JONAI DIST. DHEMAJI ASSAM PIN-787060 2: SMTI. SHAKUNTALA CHETRY W/O
GAHC010001042026
2026:GAU-AS:11940
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1119/2024
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1. SURAJ CHETRY AND ANR S/O LATE PADMA BAHADUR CHETRY R/O VILL- KAMALPUR P.S. JONAI DIST. DHEMAJI ASSAM PIN-787060 2: SMTI. SHAKUNTALA CHETRY W/O LATE PADMA BAHADUR CHETRY R/O VILL- KAMALPUR P.S. JONAI DIST. DHEMAJI ASSAM PIN-787060 VERSUS NAYANMONI CHOUDHURY D/O MAMANI CHOUDHURY R/O JONAKI PATH FATASIL AMBARI P.S. FATASIL AMBARI KAMRUP (M) ASSAM ------------ Advocate for : MR. A K ROY Advocate for : MS. R KALITA appearing for NAYANMONI CHOUDHURY
:::BEFORE::: HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
Advocate for the petitioners : Mr. T.R. Sarma. Advocate for the respondent : Mr. F.Z. Mazumdar.
Date on which judgment is reserved : 14.08.2026. Date of pronouncement of judgment : 21.08.2026. Whether the pronouncement is of the : No. operative part of the judgment ? Whether the full judgment has been : Yes pronounced?
JUDGMENT & ORDER (CAV) Heard Mr. T.R. Sarma, learned counsel for the petitioners. Also heard Mr. F.Z. Mazumdar, learned counsel for the respondent.
2. This is an application under Sections 528, read with Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), praying for quashing the entire proceeding of Misc. Case No. 106/2016, pending in the Court of learned SDJM (S), No. 1, Kamrup (Metro), under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
3. It is submitted that the trial of the proceedings which are under challenge in the instant petition is already over and is now fixed for final order on 07.09.2026. Furthermore, the present petitioners did not contest the said case which proceeded ex parte against them.
4. In view of the above, this Court declines to exercise its inherent powers to quash the proceedings which are for all practical purposes already over and only final order remains to be pronounced.
5. It would be open for the petitioners, if aggrieved by such final order, to challenge the same as per law.
6. The criminal petition stands closed accordingly. JUDGE Comparing Assistant