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The State Of Maharashtra vs Nitin Chandrakant Shinde on 28 February, 2020

1/3 apeal-230-04(201).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 230 OF 2004

The State of Maharashtra ) ..Appellant
(Orig. Complainant)

Versus

Shri Nitin Chandrakant Shinde )
Age 32 years, Occu: Service )
R/0 Police Headquarter, )
Alibag, Tal Alibag., Dist Raigad ) ..Respondent
(Orig. Accused)

Ms Anamika Malhotra APP for Appellant
Mr. Vilas Mali for Respondent
Mr. Jamshed Master Amicus Curiae
Ms Swati N Shinde – original complainant present
Mr. Nitin Shinde – Respondent present

CORAM : K.R.SHRIRAM, J.

DATE : 28th FEBRUARY 2020

ORAL JUDGMENT. :

1 This is an appeal impugning an order and judgment dated 16-7-

2003 passed by the Chief Judicial Magistrate, Raigad-Alibag, acquitting

respondent (accused) for the offence punishable under Sections 498A

(Husband or relative of husband of a woman subjecting her to cruelty), 323

(Punishment for voluntarily causing hurt ), 504 (Intentional insult with

intent to provoke breach of the peace) and 506 (Punishment for criminal

intimidation) of Indian Penal Code.

Meera Jadhav

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2/3 apeal-230-04(201).doc

2 As nobody had appeared for respondent on 14-2-2020, this

court appointed Mr. Jamshed Master, as an Amicus Curiae. On 18-2-2020

also as nobody appeared for respondent, the court directed notice be issued

to original complainant as well as accused to remain present in court. The

learned APP Ms Malhotra says that original complainant (PW-1) Ms Swati

Shinde is present in court. The original complainant tenders photocopy of

her Adharcard, which is taken on record. Respondent also is present in

court and is identified by Mr. Vilas Mali, an Advocate appearing for him.

3 PW-1 says that PW-1 and accused obtained a decree of divorce

from Alibaug Family Court on 25-6-2013 and in the consent petition, they

have filed consent terms, in which, both agreed to withdraw the charges

against each other. The certified copy of the consent terms is tendered by

Mr. Mali, which is taken on record and marked “X” for identification. PW-1

states that since they have withdrawn the allegations against each other, the

court may dispose of the appeal. The Learned APP says that as of now the

offence charged is compoundable and the court in view of the parties having

agreed, may dispose of the appeal.

4 Appeal disposed.

Meera Jadhav

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5 The learned APP states that the directions contained in

paragraphs 5, 6, 7 and 8 of the order dated 18-2-2020 is in the process of

being complied with and the list of matters under Section 498A has been

prepared and the other list will be prepared soon.

(K.R.SHRIRAM, J.)

Meera Jadhav

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