Page No.# 1/4 GAHC010249262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1374/2025 SHAMSUL HOQUE S/O- WAHAB ALI. R/O- VILL.- MOURIPAM, P.S.- BAGHBAR, DIST.- BARPETA, ASSAM. VERSUS ELIMA KHATUN D/O- IZZAT ALI. R/O- VILL.- HABIDANGRA, P.O.- HABIDONGRA BAZAR, P.S.- BAGHBAR, DIST- BARPETA, ASSAM, PIN - 781308. Advocate for the Petitioner : MR. R ALI, MS. S PARBIN,MR H A AHMED Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 12.11.2025 1. Heard Mr. H. A. Ahmed, the learned counsel for the petitioner. 2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, namely, Shamsul Hoque, praying for quashing of the F. C. (Crl.) Case No. 553/2022 under Section 127 Page No.# 2/4 of the Code of Criminal Procedure, 1973 pending before the Court of learned Principal Judge Family Court, Barpeta. 3. The learned counsel for the petitioner has submitted that the respondent had earlier filed an application under Section 125 of the Code of Criminal Procedure, 1973 seeking maintenance from the present petitioner and on the basis of said application the F. C. (Crl.) Case No. 435/2018 was registered. 4. He further submits that the said proceeding was disposed of by the court of learned Principal Judge Family Court, Barpeta by order dated 7.12.2020 whereby the present petitioner was directed to pay an amount of Rs. 1500/- as maintenance to the respondent and her minor daughter. 5. The learned counsel for the petitioner submits that the proceeding under Section 127 of the Code of Criminal Procedure, 1973 has been filed by the respondent to for enhancement of the maintenance allowance. 6. He however submits that in the same application under Section 127 of the Code of Criminal Procedure, 1973 petitioner has not disclosed the fact that the prior to file of the said petition, the respondent had approached the court of learned Additional Chief Judicial Magistrate, Barpeta, by the filing a case against the present petitioner under Protection of Women from Domestic Violence Act,2005. The said case was registered as C. R. Case No. 729/2018, in which the petitioner was directed to pay a monthly allowance of Rs. 2,000/- to the respondent and her minor daughter. He was also Page No.# 3/4 directed to pay an amount of Rs. 20,000/- as compensation under Section 22 of the D. V. Act to the respondent. 7. It appears that the contention of the petitioner is that the application under Section 127 of Code of Criminal Procedure, 1973 has been filed by the respondent before the Family Court, Barpeta by suppressing the material fact of instituting an earlier C. R. Case No. 729/2018, in which case some amount monthly maintenance was granted to the respondent. 8. On a specific query posed by the Court to the learned counsel for the petitioner he submits that the petitioner has already appeared in F. C. (Crl.) Case No. 553/2022 before the court of learned Principal Judge Family Court, Barpeta. 9. There is no dispute over legal proposition that the powers under Section 528 of BNSS, 2023 has to be sparingly exercised by this court and the powers under said jurisdiction may be invoked only when there is possibility of apparent abuse of process of law or some gross illegality is there on the face of the record. In the instant case, the petitioner can very well raise his contentions before the trial court in F. C. (Crl.) Case No. 553/2022 and hence, this Court is not inclined to invoke its jurisdiction under Section 528 of the BNSS, 2023 in this case. Page No.# 4/4 10. Accordingly, this application under Section 528 of the BNSS, 2023 has been disposed of without issuing notice to the respondents. JUDGE Comparing Assistant