. From the admission and statement made in the mutual
divorce application by the opposite party no.2, none of the sections
charged against the petitioner in the FIR lies against them. Furthermore,
the opposite party no.2 has alleged incident which took place in the year
2023. However, the complaint was filed after 2 years in the year 2025
without having any explanation for such inordinate delay and, therefore,
further continuance of the impugned proceeding which might have arisen
due to usual matrimonial discord shall amount to abuse of the process of
the Court.
Having heard learned Counsel for the petitioners, the application
is admitted.
Petitioners are directed to serve a copy of application upon the
State through the office of the learned Public Prosecutor, High Court,
Calcutta and upon opposite party no.2 through speed post intimating
next date of hearing and to file affidavit of service on the returnable date.
