KIRAN TULSHIRAM INGALE Vs. ANUPAMA P GAIKWAD

JUDGEMENT

(1.) Heard advocates for the petitioner and Respondent No.1. Petitioner is the husband and Respondent No.1 is the wife. A case was instituted against the petitioner under Section 498-A of the Indian Penal Code. He came to be convicted by the trial Court. The matter went in appeal. Before the appellate Court, the matter was settled between the parties. The petitioner and respondent No.1 obtained divorce by mutual consent. Respondent No.1 agreed not to press for the petitioner s conviction. The appellate Court maintained the conviction of the petitioner and gave him benefit of provisions of Probation of Offenders Act.

(2.) Firstly the petitioner has filed Criminal Revision Application No.255 of 2004 against the order of the Sessions Judge because no appeal was maintainable. When this Revision Application came up before learned Single Judge, Justice Khanwilkar passed an order referring the Revision Application to a larger Bench.

(3.) Thereafter, apprehending that the judges deciding the reference, may raise an objection that there is no application under Section 482. Therefore, the petitioner filed an application being Criminal Application No.4079 of 2005 in the Criminal Appellate Jurisdiction of this Court and, the prayers therein were, for setting aside the judgment dated 3rd March 2004 passed by the 3rd Extra Joint District Judge and Additional Sessions Judge, Pune in Criminal Appeal No.125 of 2001 and for quashing and setting aside C.R.No.128 registered at Swargate Police Station under Section 482 of the Criminal Procedure Code. This Criminal Application appears to have been filed on 27th June 2005.