LAWS(BOM)-2014-4-238

RAHUL Vs. SAU. NISHA

Decided On April 04, 2014
RAHUL Appellant
V/S
Sau. Nisha Respondents

JUDGEMENT

(1.) Appearance of S/Shri K.V. Deshmukh, S.V. Deshmukh and Nitin Munghate, learned Advocates appearing for respondent Sou. Nisha is discharged. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.

(2.) The applicants have prayed for quashing of the first information report No. 53 of 2012 registered at Hudkeshwar Police Station, Nagpur for the offence punishable under Section 498A read with Section 34 of Indian Penal Code in Criminal Application (APL) No. 178 of 2014 and in Criminal Application (APL) No. 95 of 2013, they have prayed for quashing the proceedings initiated by the respondent vide Miscellaneous Criminal Application No. 1392 of 2012 pending before the learned Judicial Magistrate, First Class, Akola under Section 12 of the Protection of Women from Domestic Violence Act, 2006.

(3.) The applicant Rahul was married to respondent Nisha on 25/5/2008. The criminal proceedings came to be initiated after the matrimonial discord between them. Similarly, the petition for divorce filed at the instance of applicant Rahul is pending before the Family Court.