Abhishek Agarwala vs Komal Poddar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 5

W. DIENGDOH
Abhishek Agarwala – Appellant
Versus
Komal Poddar – Respondent

Advocates appeared:
Mr. K.Ch. Gautam, Advocate with Ms. C.B. Sawian, Advocate, for the Appellant; Mr. S. Sen. Advocate, for the Respondent.

JUDGMENT

1. The petitioner has come before this Court with this petition under Section 482 Cr.PC with a prayer to quash the criminal proceedings in CR Case No. 110 (T) of 2021 under Section 12 of the DOMESTIC VIOLENCE ACT , (D V Act ), 2005 pending before the Court of the learned Judicial Magistrate First Class at Shillong.

2. Heard Mr. K.Ch. Gautam, learned counsel for the petitioner who has submitted that the petitioner and the respondent were married in accordance with their personal law. However, after the marriage, the relationship between the two ran into rough waters and the marriage failed leading to them living separately. The respondent thereafter filed a petition for dissolution of marriage before the Court of the Deputy Commissioner (Judicial), Shillong registered as (Mat) Div. Case No. 45(T) 2018, which case is still pending. Another case has also been filed by the respondent being CR Case No. 330 (S) 2019 pending before the court of the learned Judicial Magistrate First Class, Shillong.

3. The learned counsel has also submitted that the respondent, two years after filing of the said complaint case against the petitioner has approached the court of the Judicial Magistra