1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.8 OF 2009 Mr.Devendra Mahendra Prasad Rai : Applicant V/s. Mrs.Meeta Devendra Rai & Anr. : Respondents ... Mr.A.H. Nagi i/b. H.H.Nagi & Associates for the applicant. Ms M.H.Mhatre, Addl. Public Prosecutor for the State. ... CORAM : S.A. BOBDE, J. DATE : AUGUST 10, 2009. P.C.: 1. The applicant has approached this Court under section 482 of the Code of Criminal Procedure for quashing the order issuing process against the applicant. This Court has issued notice on 3.2.2009. The applicant has filed an affidavit of service pointing out the circumstances in which, though served, the respondent has not appeared. The notice of hearing of this matter has also been published in newspaper. However, in the absence of the respondent no.1, it would not be proper to consider the merits of the matter. It seems that in the interest of justice, some other directions would suffice. 2 2. The respondent no.1 was the wife of the applicant. According to the applicant, they sought divorce in the Family Court at Patna in the year 1994 upon a mutual petition for divorce. However, it seems that a complaint was made under section 498A of the I.P.C. in the year 1992. According to the applicant, the complaint has not proceeded in the Court, particularly because the respondent-complainant is herself absent. The learned counsel for the applicant states that there is no reason why the matter should drag on for this period, particularly when the complainant is not pursuing the matter. This submission on behalf of the applicant appears to be justified. In the circumstances of the case, I consider it appropriate to direct the Metropolitan Magistrate, 22nd Court, Andheri, to deal with Criminal Case No.2132/PW/2008 (Old No.1127/P/1994) pending before that Court, as expeditiously as possible, in accordance with law. In case the complainant is absent for a period of six months, the Court may pass such appropriate orders, in accordance with law. 3. This Application is disposed of. S.A. BOBDE, J.