RAHUL VISHWAS MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Application filed under Sec. 482 of the Code of Criminal Procedure, 1973, the Applicants are seeking quashing of C.C. No.881/PW/2009, pending on the file of the Additional Metropolitan Magistrate, Bandra, arising out of First Information Report (FIR) No. 38 of 2009, dtd. 10/2/2009, registered with Nirmal Nagar Police Station, Mumbai, for the offences punishable under Ss. 498-A, 406, 506 read with Sec. 34 of the Indian Penal Code (IPC), with the consent of Respondent No.2, the informant.

(2.) By an Order dtd. 20/3/2017, this Court had issued Rule and continued the interim relief granted on 3/10/2016 till further Orders. In Paragraph No.1 of said Order, it was observed that,"prima facie, it appears to us that, continuation of criminal proceeding will be abuse of process of law in the light of the Judgment and Orders (Exhibit-C and D)". To the Petition photocopy of Order dtd. 23/12/2013, passed by Federal Circuit Court of Australia, granting divorce (Exhibit-C) and copy of Judgment and Decree dtd. 18/6/2014, passed by Family Court Judge at Bandra, dissolving marriage between Applicant No.1 and Respondent No.2 are annexed.

(3.) We have heard learned Advocates for both sides and with their help we have minutely perused the documents on record.