2013 ALL MR (Cri) 3473
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (NAGPUR BENCH)
M.L. TAHALIYANI, J.
Gajananappa S/O. Chindhappa Sarjane & Anr. Vs. Smt. Sheela Wd/O. Nitianappa Sarjane & Anr.
Criminal Application (Apl) No. 360 of 2012
17th July, 2013
Petitioner Counsel: Mr. A.R. DESHPANDE
Respondent Counsel: Mr. R.G. KAVIMANDAN, Mr. D.B. PATEL
Criminal P.C. (1973), S.482 - Quashing of proceedings - Prayer was made when criminal case under Domestic Violence Act was decided and appeal was pending - Held, said prayer was totally misconceived - Proceedings which have been already decided cannot be quashed u/s.482. (Para 2)
JUDGMENT
JUDGMENT : - Admitted. Heard finally by consent of both the learned counsel.
2. This is an Application under Section 482 of the Criminal Procedure Code for quashing the proceedings bearing Misc. Cri. Case No. 23/2008 of the Court of Judicial Magistrate, First Class, Akot and the interim order passed by the learned Addl. Sessions Judge on 23rd April, 2012 in Criminal Appeal No. 4/2012. In the first place, it may be stated here that the Criminal Case No.23/2008 under Protection of Women from Domestic Violence Act, had been decided on 15th November, 2011 i.e. before filing of the present Application. An Appeal has been filed before the Sessions Court against the judgment of trial Court. Since the statutory Appeal is pending before the Appellate Authority, the prayer clause (i) is totally misconceived. It is beyond comprehension as to how the proceedings which have been already decided can be quashed u/s. 482 of Cr.P.C.. As far as prayer clause (ii) is concerned, I have gone through the order of the Addl. Sessions Judge dated 23rd April, 2012. The learned Addl.Sessions Judge, while passing the interim order, had stayed a major portion of the order of the learned Judicial Magistrate in Criminal Case No.23/2008. Even the rest of the order has been modified to such an extent that it has benefitted the applicants. I do not find any scope for interfering with the said order. The Application is without merit and is dismissed.