Mandan Meghji Patel And ORS v. Priti Gautam Patel And ORS

osk 35-WP-1507-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1507 OF 2017 Mandan Meghji Patel & Ors.

... Petitioners V/s.

Priti Gautam Patel & Ors.

... Respondents Mr.Manoj Mhambrey for Petitioners.

Ms.Devyani Kulkarni i/b. Ms.Veena Gowda for Respondent No.1. Mr.S.S. Karmarkar a/w. Mr.Vivek Busa and Ms.Nilam Pawar i/b. Karmarkar and Associates for Respondent No.2.

Mr.Amit Palkar, APP for Respondent No.3-State. CORAM : A.S. GADKARI, J.

DATE : 3rd February 2021.

P.C. :

Mr.Karmarkar, learned counsel for the respondent No.2, on instructions, submitted that, his client will clear all the arrears as has been directed by the learned Metropolitan Magistrate, 71st Court, Bandra, Mumbai, by its Order dated 15th March 2017 passed below Exhibit-1 in CC No.60/DV/2014, within a period of four weeks from today. The said statement is accepted as an undertaking given to this Court. 2.

Record indicates that, the said complaint filed by the respondent No.1-wife is of the year 2014 and is pending on the file of learned Metropolitan Magistrate, 71st Court, Bandra, Mumbai for last more than six 1/2

osk 35-WP-1507-2017.odt years. In view thereof, the learned counsel appearing for the petitioners, learned counsel for respondent No.1 and learned counsel for respondent No.2 are having consensus that, the said complaint deserves to be expeditiously heard. The said complaint is filed under Sections 12, 18, 19, 20, 21, 22 and 23 of The Protection of Women from Domestic Violence Act, 2005 and taking into consideration the intention of Legislature in enacting the said statute, it is also also desirable to expedite the same.

3.

In view thereof, the learned Metropolitan Magistrate, 71st Court, Bandra, Mumbai, seized of complaint bearing CC No.60/DV/2014 is directed to expedite the hearing of the said complaint and conclude the same on or before 31st August 2021.

4.

Petition is disposed off in above terms.

5.

Parties herein are directed to produce authenticated copy of present Order before the learned Magistrate for its record. [A.S. GADKARI, J.] by Omkar S.

Kumbhakarn Date:

2021.02.05 14:20:29 +0530 Omkar S.

Kumbhakarn 2/2