Petitioners sought quashing of an FIR and proceedings under the Protection of Women from Domestic Violence Act under Section 482 CrPC. The court held that since the trial court had framed charges and notices were issued, the petitioners could contest matters at the trial court. The writ petition was dismissed.
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1 Cri.WP-220-16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 220 OF 2016
Digambar Pandharinath Mohite & ors.
...PETITIONERS
versus
The State of Maharashtra & anr.
...RESPONDENTS
Mr. S.B. Gastgar, Advocate for petitioners Mr. S.Y. Mahajan, Addl. PP for Respondent No. 1- State Mr. Prashant Nagargoje, Advocate for Respondent no.2
CORAM : S.S. SHINDE, AND K.K. SONAWANE, JJ.
DATED : 1st DECEMBER, 2016.
Order :-
“( C ) To quash and set - aside impugned F.I.R. bearing Crime No. 91 of 2014 U/sec. 498(A), 323, 504 and 506 r/w 34 of I.P.C. dated 03.07.2014 registered at Police Station Yusuf Wadgaon, Tq. Kaij and pursuant to it, charge sheet bearing R.C.C. No. 234/2014 and Criminal Misc. Application No. 471/2015 U/sec. 12 of the Protection of Women from Domestic violence Act, 2005 filed by respondent No. 2 both matters pending before Judicial Magistrate First Class Kaij, by exercising inherent powers U/sec. 482 of Criminal Procedure Code, to the extent of petitioners.”
No. 91 of 2014 U/sec. 498(A), 323, 504 and 506 read with section 34
2 Cri.WP-220-16
of Indian Penal Code dated 03-07-2014 registered at Police Station Yusuf Wadgaon, Tq. Kaij, District Beed is concerned, needs no consideration in view of the fact that the trial court has framed the charge. Therefore, it would be open for the petitioners to contest the proceedings of Regular Criminal Case No. 234 of 2014.
Sd/Sd/-
MTK
2 issues framed by the court
Whether the High Court should exercise its inherent powers under Section 482 CrPC to quash the FIR and proceedings under the Protection of Women from Domestic Violence Act given that the trial court h
Whether the petitioners are at liberty to contest the proceedings at the trial court stage rather than seeking quashing in the High Court.
2 provisions across 2 enactments
Digambar Pandharinath Mohite & ors.
The State of Maharashtra
S.S. Shinde
K.K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
