Page No.# 1/3 GAHC010007602023 2025:GAU-AS:7951 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./29/2023 CHANDRANI BAGCHI W/O- SRI ABHIJIT BAGCHI, D/O- LATE SATYABRATA DAS, R/O- KRISHNA NAGAR HILL SIDE, MALIGAON GOSHALA, P.S- JALUKBARI, DIST- KAMRUP(M), ASSAM, GHY- 11 VERSUS MALOBIKA BAGCHI W/O- AMIT BAGCHI, PERMANENT R/O- HOUSE NO. 99, KRISHNA NAGAR HILL SIDE, MALIGAON GOSHALA, P.S- JALUKBARI, DIST- KAMRUP (M), ASSAM, GHY- 11, PRESENT R/O- H NO. 19, NIJARA PATH, BATTALION GATE, DIST- KAMRUP(M), ASSAM, GHY- 781018 Advocate for the Petitioner : MR P KATAKI, MRS R BEGUM,MR. F A HASSAN,MD E AHMED,MR. S C BISWAS Advocate for the Respondent : MR. A TEWARI, MS. D SHARMA,MS. K HAZARIKA,MS. C DUTTA,MS. M BAISHYA,MS. G DUGAR BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 13-06-2025 Heard learned counsel Mr. P. Kataki for the petitioner Smti. Chandrani Page No.# 2/3 Bagchi and learned counsel Mr. A. Tewari for the respondent Smti. Malobika Bagchi. 2. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 with prayer for quashing the impugned proceeding of D.V. Case No. 71M/2022. The petitioner is basically aggrieved by the order dated 30.12.2022 passed by the learned JMFC, Kamrup (M) whereby an order was passed against the petitioner to accommodate the respondent in her residence without hearing the petitioner. Annexure-6 is the order impugned by the petitioner. 3. The petitioner has drawn the attention of this Court to the Annexures – 2, 3, 4, 5 and 6 of this petition which reflects orders dated 09.05.2022, 09.06.2022, 08.08.2022 and 20.10.2022 and the final impugned order dated 30.12.2022. 4. A case of domestic violence has been brought up by the respondent against the petitioner and cognizance was taken and notices were issued to the petitioner. The petitioner did not appear before the Trial Court on 09.06.2022 in connection with D.V. Case No. 71/2022. Vide order dated 20.10.2022, the Court directed the respondent to take steps to issue notice to the petitioner but without any notice being issued against the petitioner, the impugned order was passed against the petitioner on 30.12.2022. 5. It is further submitted that the petitioner has already filed a petition on 17.01.2023 for revocation of the impugned order dated 30.12.2022 and 09.06.2022. Page No.# 3/3 6. I have scrutinized the scanned copies of the Trial Court Record. 7. The order dated 17.01.2023 reflects that a petition being petition No. 9066 under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 has been filed and an objection has been filed by the respondent against this petition. 8. The respondent has submitted that if this order is set aside and quashed, the respondent will be rendered homeless. 9. Thereby, I deem it appropriate to remand this case and direct both the parties to appear before the Court within one month from today and place their submissions on the petition under Section 25(2) of PWDV Act and the learned Trial Court may pass any order in accordance with law. 10. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant