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Case of Domestic Violence in Itanagar

Date : 13/05/2016

Mrs Yodam Tatin Nityan & others Vs the State of arunachal Pradesh & ors [CRL.Ptn no.35 (AP) 2016] In Gauhati High Court, permanent of Itanagar
SYNOPSIS

The applicants in this case are husband and wife and the wife is also a complainant in Itanagar Women P.S Case no.30/13. They had solemnized their marriage in the 2005 according to Adi tradition and customs. The husband was unemployed during initial years of married life and out of frustration he used to beat his wife frequently and convinced her to abort her two month old pregnancy as they were not financially sound to raise a child. On one occasion, he beat up his wife due to which she had serious head injury and out of heat and anger she lodge police complaint before Itanagar Woman Police Station. But later, she realized and regretted doing so.

After the intervention of their family members, they were living together happily since March 2015 and the matter was finally and amicably settled between the parties. However, the police formed the chargesheet against the husband. Both of them, then, approached the chief judicial magistrate to withdraw the case, but certain sections under which they were charged were non compoundable, the matter could not be compounded.

Husband and wife both approached the court for quashing of the FIR and it was allowed by the court, based on certain precedents.

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