Page No.# 1/5 GAHC010127712014 2025:GAU-AS:4201 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./449/2014 KRISHNA BORAH S/O SRI HITESWAR MORAN @ SRI HITESWAR BORAH PERMANENT RESIDENT OF ASOMIYA GAON, P.O. and P.S. DIGBOI DIST. TINSUKIA, ASSAM. VERSUS SMT. NOMITA MORAN BORAH W/O SRI KRISHNA BORAH R/O MAKUM TENGAPANI ROAD, P.O. and P.S. MAKUM DIST. TINSUKIA, ASSAM. Advocate for the Petitioner : MR.P J SAIKIA, MS.M KECHII,MR.A K GUPTA Advocate for the Respondent : MR.S DUTTA, MR.SIDHANT DUTTA,MS.M CHOUDHURY,MS.N MODI,MR.C SHARMA BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 05.04.2025 Heard Mr. A. K. Gupta, learned Counsel for the petitioner. Also heard Mr. S. Dutta, learned Counsel for the sole respondent. 2. This criminal revision petition is filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 seeking setting Page No.# 2/5 aside the judgment & order dated 05.07.2014 passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No.54(3)/2013 by affirming the judgment & order dated 31.08.2013 passed by the learned Judicial Magistrate 1st Class, Tinsukia in Misc. Case No. 02(DV)/2010. 3. Mr. A. K. Gupta, learned Counsel for the petitioner submits that the case has been amicably settled between the parties and in support of the said submission, he places the order dated 14.03.2017 passed by the learned District Judge, Tinsukia in T.S.(M) No.146/2016. 4. Apt to reproduce the said order dated 14.03.2014 which reads as hereunder: - “T.S. (M) No.146 of 2016 14.3.2017 The petitioner and the respondent are present. Seen the report of the mediator along with memorandum of settlement between the parties. It is stated in the memorandum of settlement u/s.89 of C.P.C., r/w Sec.24 of Gauhati High Court Mediation Rules, 2007 filed by both the parties that the petitioner has filed a petition u/s.27(1)(d) of Special Marriage Act before this Court for dissolution of marriage. After filing of the case, same was referred to mediation for resolving their dispute. During the course of mediation, both the parties have amicably resolved their dispute and have agreed to the following terms and conditions: (i) That both the parties have admitted that they are Hindus by religion and their marriage was performed on 11.2.04 within the District of Tinsukia, Assam, as per their prevailing customs and rituals and later on their marriage was registered under Special Marriage Act, 1955. Page No.# 3/5 (ii) That both the parties have been living separately since May, 2009 due to irreconcilable differences and incompatibility of the temperaments between them. The efforts made by their elders, well-wishers and relatives to reunite them and to bring them under one roof as husband and wife to lead a happy marital life did not yield any fruitful results. Even during the course of mediation, despite best efforts, both the parties have not been able to eschew their differences and reconcile and as such they decided to dissolve their marriage by way of decree of divorce. (iii) That the parties agreed that they shall withdraw all the allegations made against each other. (iv) That a male child was born out of the marriage of the present parties who has been named as Aditya Borah. (v) That the permanent alimony for the respondent has been fixed at Rs.2,50,000/- only, out of which the petitioner has already paid an amount of Rs.50,000/- only, by executing a separate document and it has been agreed that the remaining amount of Rs.2,00,000/- only, shall be paid by the petitioner to the respondent on the date of execution of this agreement and the same shall be acknowledged by her through a valid document. (vi) That it has been further agreed that the expenses incurred in the education of their son, shall be borne by the petitioner. He shall provide all necessary books, clothes and other items including the school fee etc. to their only son Aditya Borah, as per his capacity. (vii) That both the parties hereby agree to withdraw all the allegations and counter allegations made against each other and shall not file any further complaints, civil cases and criminal cases against each other in respect of their marriage and marital life before any courts of Law/Forum and shall not interfere into the life of each other by anyway. (viii) That both the parties further agreed that the respondent will withdraw the D.V. Case No.2/2010, pending in the court of Judicial Magistrate 1st Class Sri A. Bhattacharjee, Tinsukia for disposal. In view of the agreement, both the parties pray to dissolve Page No.# 4/5 their marriage. I have heard the parties in person and their respective counsels. On being asked, the O.P./respondent has admitted that she has received the settled amount of Rs.2,50,000/- in cash from the petitioner for final settlement of their matrimonial dispute and now the parties have no objection, if their marriage is dissolved by granting a decree of divorce. The agreement be treated as part of the decree. In view of the agreement, the marriage between the petitioner and the respondent is hereby dissolved by a decree of divorce. Prepare a decree accordingly.” 5. From perusal of the aforesaid order passed in the Matrimonial Suit, it appears that both the parties have amicably settled the matter and the respondent has also agreed to withdraw the D.V. Case No. 2/2010 pending in the Court of Judicial Magistrate 1st Class, Tinsukia. It appears that thereafter in the Misc. Case No. 02(DV)/2010 the respondent by filing a petition No. 783/2017 submitted that she has amicably settled the matter with the petitioner and she is willing to withdraw the case. Accordingly, the Magistrate’s Court by order dated 17.03.2017 having noted that the case is already disposed of directed to put up the same before the Court as and when directed. 6. A copy of the order dated 17.03.2017 is also reproduced hereunder for ready reference: - “17-3-17 The petitioner is present and vide ptn no- 783/17, the petitioner submits that she has amicably settled the matter with the defendants and she is willing to withdraw the case. Heard. C.R. reveals that the instant case has already been Page No.# 5/5 disposed of. BA is directed to put up the C.R. before the undersigned as and when directed.” 7. Mr. S. Dutta, learned Counsel for the respondent submits that since the matter has been amicably settled, nothing remains for adjudication in the instant revision petition. 8. In view of the aforesaid endorsement made by the learned Counsel for the parties and upon perusal of the order dated 14.03.2017, this Court for the ends of justice deems appropriate to keep the operation of the judgment & order dated 05.07.2014 passed by the learned Sessions Judge Tinsukia in Criminal Appeal No.54(3)/2013 and the judgment & order dated 31.08.2013 passed by the learned Judicial Magistrate 1st Class in Misc Case No.02(DV)/2010 in abeyance. 9. Ordered accordingly. 10. Resultantly, the criminal revision petition stands disposed of. 11. A copy of the order dated 14.03.2017 and the order dated 17.03.2017 is kept on record and marked as “X” and “Y” respectively. JUDGE Comparing Assistant