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2025 DAILYLAW 22633 (GAU)

SMTI. SUSHMA KUMARI @ SUSHMA DEVI AND 5 ORS. v. SMTI. ASARAFI DEVI

Crl.Pet./1427/2019 · 2025-05-19

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010294382019 2025:GAU-AS:6302 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1427/2019 SMTI. SUSHMA KUMARI @ SUSHMA DEVI AND 5 ORS. D/O SRI RAM PRASAD CHOUDHURY, R/O MOHANIA, G.T. ROAD, P.O./P.S.- MOHANIA, DIST-KAIMUR (BHABUWA), BIHAR 2: SMTI. PREMA DEVI W/O SRI RAM PRASAD CHOUDHURY R/O MOHANIA G.T. ROAD P.O./P.S.-MOHANIA DIST-KAIMUR (BHABUWA) BIHAR 3: RAM PRASAD CHOUDHURY @ RAM PD. CHOUDHURY S/O LATE JUGAL KISHORE CHOUDHURY R/O MOHANIA G.T. ROAD P.O./P.S.-MOHANIA DIST-KAIMUR (BHABUWA) BIHAR 4: OMPRAKASH KUMAR S/O SRI RAM PRASAD CHOUDHURY R/O MOHANIA G.T. ROAD P.O./P.S.-MOHANIA DIST-KAIMUR (BHABUWA) BIHAR 5: SMTI. MANURAMA DEVI D/O SRI RAM PRASAD CHOUDHURY R/O MOHANIA G.T. ROAD P.O./P.S.-MOHANIA DIST-KAIMUR (BHABUWA) Page No.# 2/3 BIHAR 6: SMTI. POONAM DEVI D/O SRI RAM PRASAD CHOUDHURY R/O MOHANIA G.T. ROAD P.O./P.S.-MOHANIA DIST-KAIMUR (BHABUWA) BIHA VERSUS SMTI. ASARAFI DEVI W/O LT. AMIR CHAND PRASAD, R/O NOUPUKHURI NEW DEVELOPMENT, P.O.-TINSUKIA, ASSAM Advocate for the Petitioner : MR. D P CHALIHA, MS M ROY Advocate for the Respondent : MR. N HASAN, MR. I K BURAGOHAIN,MR. A HASAN,MS. S KAKATI,MR. S BORTHAKUR BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20-05-2025 Learned Senior Counsel Mr. D.P. Chaliha is present for the petitioners. 2. Respondent is not represented today. 3. A copy of the order dated 07.03.2024 passed by the learned SJDM (S), Tinsukia in connection with D.V. Case No. 19DV/2019 has been submitted by the learned Senior counsel for the petitioners, where both the parties were absent without any steps on 07.03.2024 and thereby, D.V. Case No. 19DV/2019 was dismissed for non-prosecution, by the learned SDJM(S) Tinsukia. Page No.# 3/3 4. It is submitted that the D.V. case has already been disposed of and therefore, this matter has become infructuous as this matter was preferred with prayer for quashing the proceeding incanted under the Protection of Women from Domestic Violence Act, 2005 and was registered as per Section 12 of the Domestic Violence Act, 2005 as D.V. Case No. 19DV/2019. 5. Matter stands closed as the original case has already been dismissed for non-prosecution. 6. Interim order passed earlier stands vacated accordingly. 7. The order dated 07.03.2024 is kept on records. JUDGE Comparing Assistant