SUNIL SHANTARAM PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the parties in detail.

(2.) SHRI Thorat submitted that the complainant is in the habit of filing false complaints against the petitioners and present one is the same. He submitted that on 15-4-1997 a criminal case was amicably compounded in which the original complainant was complainant and present petitioners were accused and thereafter for harassing the petitioners, his wife, the original complainant, filed another complaint which is the basis of a prosecution which is pending in the Court of J. M. F. C. Vita, District Sangli in context with C. R. No. 85 of 1997 revolving around offences punishable under sections 498-A, 323 read with section 34 of I. P. C. He submitted that the said prosecution be quashed by exercising the inherent jurisdiction of this Court in view of provisions of section 482 of the Criminal Procedure Code (hereinafter referred to as "code" for convenience) and by issuing an appropriate writ in that context.

(3.) SHRI Saste, Additional Public Prosecutor, opposed the submissions advanced by Shri Thorat on behalf of the petitioners. He submitted that the complaint in respect of the present petition is in fact a different matter and the cause of action is different. He pointed out the date which has been mentioned in the last column of the charge-sheet which indicates that the offences took place during the period commencing from 24-4-1997 and ending with 10-6-1997. He submitted that this petition be dismissed.