Page No.# 1/4 GAHC010115912024 2026:GAU-AS:14505 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./673/2024 SMT. SONIYA DEVI W/O SRI PANAKJ KUMAR, D/O SRI RAMESH CHAND, P/R/O VILL- GOYLA, KHURD, NEAR BAPOLI, DIST-PANOPAT, HARIYANA, PIN-132101, P/R/A C-13, FAMILU QUARTER, IIT GUWAHATI CAMPUS, NORTH GUWAHATI, P.S.- NORTH GUWAHATI, DIST-KAMRUP (R), ASSAM, PIN-781039 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:PANKAJ KUMAR S/O SHRI SATISH KUMAR P/R/O V.P.O.- SIRSI DIST-KARNAL STATE- HARYANA PIN-132001. P/R/A C/O SRI MANBENDRA BORO BAMUNIGAON AMINGAON P.S.-NORTH GUWAHATI DIST- KAMRUP (R) ASSAM PIN-78103 Advocate for the Petitioner : MR. A B SIDDIQUE, Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, AMICUS CURIAE (R-2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.09.2026 Heard Mr. A. B. Siddique, the learned counsel for the petitioner and Mr. S. H. Borah, the learned Addl. Public Prosecutor for the State of Assam and Mr. Surajit Das, the learned Amicus Curiae, the learned counsel appearing for respondent no. 2. 2. By this application, field under Section 482 of the Cr.P.C., the petitioner has prayed for quashing of the C.R. Case No. 28/2023, registered under Sections 325/307/352, IPC. The petitioner has also prayed for quashing of the Charge- sheet, submitted in pursuance thereof, as well as the P.R.C. Case No. 30/2024, pending in the Court of Judicial Magistrate, First Class (II), Kamrup, at Amingaon. The petitioner has also challenged the order dated 09.01.2024, passed by the Trial Court, by which cognizance for the offences under Sections 341/294/290/323/352/506, IPC was taken against the petitioner. 3. The case of the petitioner is that, her husband, namely, Pankaj Kumar had filed a complaint under Section 200 Cr.P.C, against the petitioner alleging an offence under Sections 325/307/352 of the IPC. In the said complaint, it was written that, after the marriage the behavior of the petitioner had changed. It was also stated that, a girl child was born out of the said wedlock and the petitioner quarrels and beat up the complainant with various household things and that, she abuses him very badly. 4. On receipt of the said complaint petition, the Court of Judicial Magistrate Page No.# 3/4 First Class, Kamrup, Amingaon, before taking cognizance of the offence directed an investigation to be conducted by the concerned Police Station, by registering a case and for submitting a report thereof. The police thereafter, registered a case and upon completion of the investigation, submitted a charge-sheet against the petitioner under Section 341/294/290/323/352 as well as 506 IPC. The Charge-sheet was submitted before the Court and cognizance was taken on 09.01.2024, against the petitioner. Cognizance of offence under Section 341, 394,290,323,352 as well as 506 of the IPC was taken against the petitioner. The learned counsel for the petitioner submits that thereafter, charges were framed and the trial has commenced and that witnesses are examined. 5. The learned counsel for the petitioner, has raised the only ground for quashing of the complaint that, without taking recourse to Section 154(3) of the CrPC, i.e., complaining before the Superintendent of police, the informant had lodged the complaint before the Court and a police investigation is ordered by the court, which according to him is not maintainable in law. 6. However, it is seen that, the complaint is not a compliant under Section 156(3) CrPC, but the complaint was under Section 200 of the Cr.P.C. Although, in the complaint petition, it was written that the complainant approach the police out post to lodge his FIR but the police although received the FIR but did not register the same and that, the police had not investigated into the matter, however, in the prayer made in the complaint petition, it was not stated that, the relief is sought under Section 156(3) of the Cr.P.C. As such, the complaint cannot be stated to be under the said Section rather, it is under Section 200 of the Cr.P.C. It is further seen that under Section 202, of the Cr.P.C, the Court before the taking cognizance and on receipt of a compliant can either enquire Page No.# 4/4 into the case himself or direct investigation to be made by the police officer or by such person as it things fit for the purpose of deciding whether there is sufficient grounds for proceeding. The court had taken recourse to the aforesaid section and by order dated 29.03.2023, had directed the police to conduct an investigation and submit a report. 7. There is no infirmity in the said order, dated 29.03.2023, in pursuant to the said direction and the police in fact had investigated and submitted the Charge- sheet and the trial is conducted thereafter. 8. Accordingly, the submissions of the learned counsel is not tenable and this Court is left with no alternative but to dismiss the present petition. 9. In view of the aforesaid findings, this Criminal Petition is closed. JUDGE Comparing Assistant