SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Atul Manik Gahile And Others vs The State Of Maharashtra And … on 1 August, 2018

1 Application 4817 of 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

Criminal Application No. 4817 of 2013

1) Atul Manik Gahile,
Age 29 years,
Occupation : Service
R/o Block No.45, Renavikar Colony,
Gadekar Chowk, Ahmednagar,
District Ahmednagar.

2) Manik Maruti Gahile
(since deceased)

3) Suman Manik Gahile,
Age 56 years,
Occupation : Household
R/o Block No.45, Renavikar Colony,
Gadekar Chowk, Ahmednagar,
District Ahmednagar. .. Applicants.

Versus

1) The State of Maharashtra,
Through Investigating Officer
Tofkhana Police Station,
Ahmednagar, Dist Ahmednagar.

2) Pallavi w/o Atul Gahile,
Age 28 years, Occu: Advocate,
R/o House no.74, Wagh Galli,
Nalegaon, Ahmednagar,
Taluka Dist. Ahmednagar. .. Respondents.

—-
Shri. Ravindra V. Gore, Advocate, for applicant No.3.

Shri. S.J. Salgare, Additional Public Prosecutor, for
respondent No.1.

Shri. Pratap Vikhe-Patil, Advocate, holding for Shri. R.R.
Karpe, Advocate, for respondent No.2.

::: Uploaded on – 03/08/2018 05/08/2018 01:21:54 :::
2 Application 4817 of 2013

Coram: T.V. NALAWADE
K.L. WADANE, JJ.

Date: 1 AUGUST 2018

JUDGMENT (Per T.V. Nalawade, J.):

1) The proceeding is filed under section 482 of the

Code of Criminal Procedure for the relief of quashing of

proceeding of R.T.C. No.644/2013 which is filed for

offences punishable under sections 498A, 323, 506 etc. of

Indian Penal Code. Both the sides are heard.

2) During arguments it was submitted that the

husband and wife have settled the dispute and they got

divorce by mutual consent. Copy of the said decree is

produced on record showing that divorce was given on 2-

5-2016. Present proceeding was filed in the year 2013.

There is also another document like terms of settlement

showing that wife has agreed to withdraw all the matters

filed by her including the case which is filed for offence

punishable under section 498-A IPC. Though it is a police

case and there are aforesaid circumstances and as learned

counsel representing the wife in this Court, on

::: Uploaded on – 03/08/2018 05/08/2018 01:21:54 :::
3 Application 4817 of 2013

instructions, has made submission that the wife has no

objection to grant relief, this Court is deciding the matter.

There is one more circumstance like the proceeding filed

by the husband, applicant No.1 was withdrawn in the year

2014. However, the relief is claimed for quashing of the

entire proceeding. In view of the aforesaid circumstances

this Court holds that nothing can be achieved by keeping

the proceeding pending and directing even the husband to

face the trial for the aforesaid offences. In the result, the

application is allowed. Relief is granted in terms of prayer

clause (B). Rule is made absolute in those terms.

Sd/- Sd/-
(K.L. WADANE, J.) (T.V. NALAWADE, J.)

rsl

::: Uploaded on – 03/08/2018 05/08/2018 01:21:54 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation