STATE OF MAHARASHTRA Vs. SHANKAR

JUDGEMENT

(1.) Both Criminal Appeal 615/2002 and Criminal Revision Application 179/2002 seek to challenge the judgment and order dated 06-8-2002 rendered by the learned Chief Judicial Magistrate, Chandrapur in Regular Criminal Case 640/1998, by and under which the respondents-accused are acquitted of offence punishable under Section 498-A read with Section 34 of the Indian Penal Code ("Act" for short).

(2.) Criminal Appeal 615/2002 is preferred by the State and Criminal Revision Application 179/2002 is preferred by the complainant Deorao Patruji Khanke. In order to keep the record straight, it must be noted that Regular Criminal Case 640/1998 was tried alongwith Complaint Case 346/1999. The complaint case was instituted by the revisionist herein. The operative order passed in Regular Criminal Case 640/1998 reads thus :

(3.) In view of the settlement between the parties leading to the withdrawal of Criminal Appeal 385/2003, nothing really survives in Criminal Revision Application 179/2002. The State case and the complaint case were tried together. The complainant withdrew the appeal challenging the dismissal of the complaint case. The criminal revision application is preferred against the same judgment and order.