Calcutta High Court (Appellete Side)
Manish Agarwal vs Smt. Sonal Agarwal & Anr on 22 November, 2016
1 22/11/2016
ARDR CRR 67 of 2014 Manish Agarwal Vs. Smt. Sonal Agarwal & Anr.
None appears for either of the parties, even after repeated calls. No accommodation is sought for.
After going through the application under Section 482 of the Code of Criminal Procedure, the accused/petitioner wanted to say that the opposite party no.1 has no grievance against the petitioner and his family members since the matter has been settled. It is also contended at paragraph 17 of the application that the present petitioner and the opposite party no.1 had filed an application for mutual divorce under Section 13(2) of the Hindu Marriage Act.
None appears on behalf of the opposite parties to challenge the contention of the accused/petition.
In such circumstances, it seems to me that since an application for mutual divorce has been filed and the accused/petitioner has claimed to have their dispute settled amicably, this Court is of the view that this instant application under Section 482 should be allowed to prevent the abuse of the process of the Court.
Accordingly, the CRR stands allowed. The proceeding in connection with G.R. case no. 1679 of 2012 is quashed.
(Siddhartha Chattopadhyay, J. )