SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sow.Vijayalaxmi Sriram Pokle @ … vs The State Of Maharashtra And … on 1 August, 2018

1 Application 1909 of 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

Criminal Application No.1909 of 2014

1) Vijayalaxmi w/o Sriram Pokle,
@ Vijalaxmi d/o Venaktrao Totawar,
Age 50 years, Occupation : Household.

2) Shivkumar s/o Sriram Pokle,
Age 28 years, Occupation : Service.

3) Sriram s/o Sambhaji Pokle,
Age 58 years, Occupation : Service.

4) Suhash s/o Sriram Pokle,
Age 24 years, Occupation : Education
All R/o Ramanand Nagar,
Nanded, Taluka Dist Nanded.

5) Sheshikala d/o Venkatrao Totawar,
@ Sheshikala w/o Pandhari @
Pandurang Govindwar,
Age 52 years, Occupation : Household,
R/o Degloor, Taluka Degloor,
District Nanded.

6) Sunita @ Sujata d/o Venkatrao
Totawar @ Sow Sunita @ Sujata
w/o Venkatrao @ Sanjay Puramwad,
Age 48 years,
Occupation : Household,
R/o Degloor, Taluka Degloor,
District Nanded.

7) Panchaphula d/o Venaktrao Totawar,
@ Sow Panchaphula w/o Balraj Totawar,
Age 54 years,
Occupation : Household,
r/o Degloor, Taluka Degloor,
District Nanded. .. Applicants.

::: Uploaded on – 03/08/2018 05/08/2018 01:21:52 :::
2 Application 1909 of 2014

Versus

1) The State of Maharashtra,
Through Police Station,
Vimantal, Nanded,
District Nanded.

2) Subhangi w/o Shivkumar Pokle,
Age 34 years,
Occupation : Service,
R/o House of Dr. Sunil Pallewar,
Near Mayur Talkies and
Mangal Karyalaya, Naik Nagar,
Nanded. .. Respondents.

—-

Shri. Mrigesh D. Narwadkar, Advocate, for applicants.

Ms. V.S. Choudhari, Additional Public Prosecutor, for
respondent No.1.

Shri. A.R. Kawade, Advocate, appointed as amicus curiae.

—-

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

F.I.R.No.81/2013 registered in Vimantal Police Station for

offences punishable under sections 498A, 323, 504, 34

etc. of the Indian Penal Code. Both the sides are heard.

::: Uploaded on – 03/08/2018 05/08/2018 01:21:52 :::

3 Application 1909 of 2014

2) Learned counsel for the applicants took this

Court through the settlement filed in H.M.P.No.15/2011

which was pending before the Civil Judge, Senior Division,

Nanded. This document shows that settlement was filed

on 29-1-2014 and the trial Court granted decree in terms

of the settlement of divorce on 18-2-2014. The terms of

settlement show that the wife has agreed to withdraw all

the proceedings including the present proceeding filed for

offences punishable under section 498A, 323, 504, 34 etc.

of IPC.

3) Learned counsel for the applicants, on

instructions, made statement that after the decree of

divorce, the first informant married second time with

other person. As the wife is not there, this Court had

appointed Advocate Shri. A.R. Kawade as amicus curiae.

He has gone through the record and he has made the

statement.

4) In view of these circumstances this Court holds

that nothing can be achieved if the case is filed against

the present applicants who are husband and relatives of

::: Uploaded on – 03/08/2018 05/08/2018 01:21:52 :::
4 Application 1909 of 2014

the husband. The wife will not be giving evidence against

them in view of the aforesaid circumstances. So, the

application is allowed. Relief is granted in terms of prayer

clauses (B) and (B-1). Rule made absolute in those terms.

Fees of the learned Advocate appointed is quantified as

Rs.3000/-.

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

rsl

::: Uploaded on – 03/08/201805/08/2018 01:21:52 :::

Leave a Reply

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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

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