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states that since they have withdrawn the allegations against each other, the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