AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. T.R. Sarma, learned counsel for the petitioners. Also heard Mr. F.Z. Mazumdar, learned counsel for the respondent.
This is an application under Sections 528, read with Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), praying for quashing the entire proceeding of Misc. Case No. 106/2016, pending in the Court of learned SDJM (S), No. 1, Kamrup (Metro), under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
It is submitted that the trial of the proceedings which are under challenge in the instant petition is already over and is now fixed for final order on 07.09.2026. Furthermore, the present petitioners did not contest the said case which proceeded ex parte against them.
In view of the above, this Court declines to exercise its inherent powers to quash the proceedings which are for all practical purposes already over and only final order remains to be pronounced.
It would be open for the petitioners, if aggrieved by such final order, to challenge the same as per law.
The criminal petition stands closed accordingly.