Page No.# 1/2 GAHC010007532025 2025:GAU-AS:637 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./54/2025 FAZIL AHMED BARBHUIYA S/O LATE ASHAB UDDIN BARBHUIYA VILL- AND P.O. BERENGA PT.II, P.S.SILCHAR SADAR, DIST. CACHAR, ASSAM VERSUS RUHANA BEGOM LASKAR W/O FAZIL AHMED BARBHUIYA D/O RIAZ UDDIN LASKAR VILL- BORNAGAD, P.O. KALIBARI P.S. ALGAPUR, DIST. HAILAKANDI, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS A BEGUM Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 22.01.2025 Heard Mr. A.M Barbhuiya, learned counsel for the petitioner. This is an application under section 528 of the BNSS praying for setting aside and quashing the impugned proceeding of MR Case No.41/2024 filed by the respondent wife seeking maintenance under section 125 Cr.P.C. Page No.# 2/2 The challenge made in this petition is on the ground that the wife is already receiving maintenance by virtue of orders passed in DV Case No.56/2021, though the appellate court by an order reduced such maintenance amount to 50%. Therefore, subsequent proceeding filed by the wife is nothing but a malicious prosecution. This court is not inclined to entertain this present petition at this stage, for the reason that the petitioner will have all the opportunities to respond to the proceeding under section 125 Cr.P.C including the ground that has been taken in the present proceeding. At this stage, the learned counsel for the petitioner submits that he may be allowed to withdraw the present petition and appear before the learned CJM, Hailakandi in MR Case No.41/2024 and to file written statement bringing on all the facts including the alleged malicious and malafide intention of the respondent wife. In view of the aforesaid, the present petition stands closed on withdrawal with liberty to the petitioner to approach the learned court below with a liberty to take all the defenses that are available to him under law including the ground taken in the present proceeding. The closure of this petition shall not influence the decision of the learned CJM and the learned CJM shall pass necessary orders considering the claim of the parties as per law and without being influenced by any of the observations made in this petition. JUDGE Comparing Assistant