Page No.# 1/2 GAHC010182942024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1107/2024 SHAMINUL AKTAR S/O ANOWAR HUSSAIN R/O VILL- GARALIPAM, P.O. BONGHUGI, P.S. KALGACHIA, DIST. DIST. BARPETA, ASSAM PIN-781321 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MOUSUMI AKHTAR D/O ABUR ROUF R/O VILL-SALIMPUR P.O. PAHARPUR MAUZA- MANDIA P.S. BAGHBAR DIST. BARPETA ASSAM PIN-78130 Advocate for the Petitioner : G UDDIN, MR. I HUSSAIN,P ADHIKARI,MR A K AZAD Advocate for the Respondent : PP, ASSAM, S ISLAM(R-2),MR J ISLAM (R-2),MR M ROHMAN(R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.06.2025 1. Heard Mr. A. K. Azad, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam and Mr. J. Islam, Page No.# 2/2 learned counsel for the respondent No.2. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for quashing of the proceeding of F.C. Criminal Case No.356/2023, pending in the Court of the learned Principal Judge, Family Court, Barpeta, Assam. 3. The respondent No.2 filed an application under Section 125 of the Cr.PC before the Court below. The petitioner being the respondent in the case pleaded before the Court below that the respondent No.2 was living an adulterous life and she has also married another boy, named, Majedul Islam. 4. The Trial Court considered the said prayer in its order dated 21.12.2023, but the said matter was not decided and no definite opinion was formed by the Trial Court. Therefore the order dated 21.12.2023 is bad in law. The petitioner shall be given adequate opportunity to prove the plea of adulterine committed by the respondent No.2 or her second marriage, the petitioner shall have the liberty to examine the witnesses to that effect, after that, the Trial Court shall dispose of the entire case. 5. With the aforesaid reasons, the Criminal Petition stands disposed of. JUDGE Comparing Assistant