ABHISHEK AGARWALA Vs. KOMAL PODDAR

JUDGEMENT

(1.) The petitioner has come before this Court with this petition under Sec. 482 Cr.PC with a prayer to quash the criminal proceedings in CR Case No. 110 (T) of 2021 under Sec. 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 Magistrate First Class, Shillong with an application under Sec. 12 of the Domestic Violence Act, claiming reliefs, provided under Sec. 18, 19, 20 and 23 of the said Act.