Bombay High Court
Santosh Shyamrao Mahangare And ... vs Sau Savita Santosh Mahangare on 26 April, 2022
Bench: Prakash Deu Naik
7-WP-1214-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1214 OF 2015
Santosh Shyamrao Mahangare And Ors. ...Petitioners
Versus
Sau Savita Santosh Mahangare & Anr. ...Respondents
....
Mr. Nilesh S. Nevshe, Advocate for the Petitioners.
Mr. Balasaheb R. Deshmukh, Advocate for Respondent No.1.
Mr. S. V. Gavand, APP for the Respondent No.2 - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 26th APRIL, 2022.
PER COURT:
1. The petitioners have challenged the proceedings in
respect of C.C. No.223 of 2014 pending before the Court of learned
J.M.F.C., Bhor, Pune initiated under the provisions of Protection of
Women from Domestic Violence Act, 2005. The petitioners are
respondents in the said proceedings and the respondent No.1
herein is the applicant, who had initiated the said proceedings.
2. Learned Advocate for the Petitioners submitted that the
petitioners are falsely implicated by initiating proceedings under
the Domestic Violence Act before the Court of learned J.M.F.C.
Bhor, Pune. The allegations are false and concocted. Prior to
initiating proceedings under the Domestic Violence Act, the
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by SAJAKALI
SAJAKALI LIYAKAT
JAMADAR
LIYAKAT Date: Sajakali Jamadar 1 of 3
JAMADAR 2022.04.28
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7-WP-1214-2015.doc
respondent No.1 had lodged the First Information Report (for short
'FIR') for offences under Sections 498-A, 323, 504 r/w Section 34
of Indian Penal Code. The petitioners were arraigned as accused in
the said proceedings. Vide judgment and order dated 29 th January,
2013, the case has resulted in acquittal. Learned counsel for the
petitioners has referred to observations made by the trial Court in
paragraph Nos.10 & 11 of the said judgment and submitted that
the Court found that there were discrepancies in the evidence. The
proceedings under the Domestic Violence Act is abuse of process of
law. Hence, the same may be quashed.
3. Learned Advocate for respondent No.1 submitted that the
complaint was filed by the respondent No.1 under the Domestic
Violence Act. The trial in the said proceedings had already
commenced. The evidence of witnesses was concluded and the
proceedings are due for argument and thus at this stage this Court
may not exercise powers under Section 482 of Cr.P.C. for quashing
the proceedings pending before the Court of learned J.M.F.C. Bhor,
Pune.
4. This petition has been pending in this Court since - 2015.
Apparently during the pendency of this proceedings, the trial Court
has proceeded with the complaint under the Domestic Violence Act
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7-WP-1214-2015.doc
and the evidence has been recorded. The case is now due for
hearing both the sides. I am not inclined to interfere in the
proceedings under the Domestic Violence Act at this stage. On the
ground that the petitioners were acquitted for the offence
punishable under Section 498-A of IPC, at this stage the impugned
proceedings cannot be quashed. The recording of evidence is
concluded. The proceedings are at the stage of arguments. Hence,
no ground is made out for granting prayers made in this Petition.
ORDER
Writ Petition No.1214 of 2015 is dismissed.
(PRAKASH D. NAIK, J.)
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