Page No.# 1/3 GAHC010055502023 2026:GAU-AS:14455 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./275/2023 NIRUPAM DAS AND ANR S/O LATE NITISH RANJAN DAS PRESENT RESIDING AT-SADAGRAM, DHOLAI, P.O. AND P.S. DHOLAI DIST. CACHAR, ASSAM PERMANENT RESIDENT OF-ARABINDA LANE, TIKARBASTI, NOBOKUTIR, P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN CODE- 788007 2: SMTI. SEULI RANI DAS W/O SRI NIRUPAM DAS PRESENT RESIDING AT-SADAGRAM DHOLAI P.O. AND P.S. DHOLAI DIST. CACHAR ASSAM PERMANENT RESIDENT OF-ARABINDA LANE TIKARBASTI NOBOKUTIR P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM PIN CODE- 78800 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SMT. JOYEETA DAS W/O SRI ANUPAM DAS R/O ARABINDA LANE TIKARBASTI Page No.# 2/3 P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM PIN CODE- 78800 Advocate for the Petitioner : MR. JUNM LASKAR, MS. J GHOSH Advocate for the Respondent : PP, ASSAM, MR. S C KEYAL (r-2),MS. R DEKA (r-2) BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 29-09-2026 No representation on behalf of the petitioners on call. 2. Heard Mr. S. C. Keyal, learned Senior Counsel assisted by Ms. M. Deka, learned counsel for the respondent No.2. 3. It reveals from the case record that the petitioners side remain absent on last several occasions without any steps and on the last occasion also they remained absent without any representation. 4. From the record it is seen that the respondent No.2 had instituted the complaint case under the D.V. Act, which has been registered under the D. V. Act as D. V. Case No. 213/2022, presently pending in the Court of learned JMFC, Cachar, Silchar seeking relief under the D. V. Act. 5. Further after the filing of the present petition by the petitioners/respondents, the further proceeding of the said D. V. Case No. 213/2022 was stayed vide order dated 12.06.2023, passed earlier in this proceeding and the stay in still operating. 6. Mr. Keyal, learned Senior Counsel submitted that in view of the stay order, Page No.# 3/3 the said D. V. case is still pending in the Court of learned JMFC, Cachar, Silchar without any proceeding and the present respondent is suffering, who is aggrieved person and instituted the said case under the D. V. Act seeking several relief. 7. It is seen that after institution of the case and after obtaining the stay order on 12.06.2023, the petitioners remained absent on several occasions, for which, the present criminal petition is still pending since 2023 and that apart the proceeding under the D. V. Act is also stayed in the Court of learned JMFC, Cachar, Silchar. 8. Considering all these aspects of the case and the absence of the petitioners, it is the opinion of the Court that the further stay of the proceeding of D. V. Case No. 213/2022 is not justified and accordingly, the present criminal petition is dismissed for non-prosecution and the stay order granted to the petitioners in the present case earlier on 12.06.2023 is hereby stands vacated/recalled. 9. With the above observation, the present petition stands disposed of with a direction to the learned Trial Court to proceed with the case. JUDGE Comparing Assistant