Page No.# 1/2 GAHC010054922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./79/2024 NEHA AGARWAL W/O VIKASH KUMAR AGARWAL, D/O DULI CHAND AGARWAL, R/O GARG HARDWARE AND ELECTRONICS, A.T. ROAD, NEAR NIRMAL CHARIALI, JORHAT- 785001, ASSAM. PRESENTLY RESIDING AT HOUSE NO. 15, FIRST FLOOR, AGMAEK GALI, KUMARPARA, BHARLUMUKH, GUWAHATI- 781009. VERSUS VIKASH KUMAR AGARWAL S/O MADAN LAL AGARWAL, R/O KHUSHI COTTAGE, PRIYAMGIRI BUILDING, 3RD AND 4TH FLOOR, NEAR RAILWAY GATE NO. 9, BHARALUMUKH, GUWAHATI- 781009, ASSAM. Advocate for the Petitioner : MR. M L PANDIA, Advocate for the Respondent : MS. R B BORA (LEGAL AID COUNSEL), MS. R B BORA BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 31-10-2025 Heard Mr. M.L. Pandia, learned counsel for the petitioner. Also heard Ms. R.B. Bora, Page No.# 2/2 learned counsel appearing for the respondent No.2. This Criminal Appeal under Section 341(1) of the Cr.P.C. has been preferred by the petitioner as she is aggrieved by the non-disposal of the petition filed under Section 340 Cr.P.C. .by the learned Family Court. In this regard, the petitioner had filed another application for taking up the petition under Section 340 Cr.P.C., which was filed vide Petition No.1182/2022 dated 21.10.2022. It is submitted that no order has been passed on the said application. But by order dated 14.12.2023, passed in CRP 35/2023 the High Court refused to assume jurisdiction under Section 115 CPC as the same would not result in disposal of the proceeding and dismissed the said application granting liberty to the petitioner/appellant herein to avail of appropriate remedy as may be advised. The appellant had filed a Petition No.117/2024 before the learned Family Court seeking hearing of the Petition No.1182/2022 under Section 340 C r.P.C. but the said Petition No.117/2024 was rejected by order dated 02.02.2024. Consequently, the appellant has approached this Court by way of this Criminal Appeal under Section 341 Cr.P.C. Learned counsel for the respondent would not dispute the assertion of the petitioner that the petition under Section 340 Cr.P.C. has not been disposed of by the learned Family Court. Considering the above, the learned Family Court shall dispose of the petition under Section 340 Cr.P.C. being Petition No.1182/2022 after following due procedure by passing appropriate orders as per law. The appeal stands disposed of. JUDGE Comparing Assistant