Pritam Patni Alias @ Pritam S/O Dilip Batni (Husband) v. The State Of Maharashtra
2025:BHC-AUG:25346-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 20 CRIMINAL APPLICATION NO.1498 OF 2019 Pritam Patni @ Pritam Dilip Patni, Age 29 yrs., Occ. Business, R/o H.No.1-12-443, Shanti Niketan, Shyam Nagar, Yashwant College Road, Nanded, Tq. & Dist. Nanded.
Dilipkumar Gulabchand Patni, Age 65 yrs., Occ. Business, R/o Yashwant College Road, Rajendra Nagar, Nanded, Tq. & Dist. Nanded.
Sunanda w/o Dilipkumar Patni, Age 58 yrs., Occ. Household, R/o Shanti Niketan, Shyam Nagar Road, Rajendra Nagar, Nanded, Tq. & Dist. Nanded.
Pratiksha d/o Dilipkumar Patni @ Pratiksha d/o Dilip Patni, Age 24 yrs., Occ. Education, R/o Shanti Niketan, Shyam Nagar Road, Rajendra Nagar, Nanded, Tq. & Dist. Nanded.
... Applicants ... Versus ...
The State of Maharashtra Through Police Inspector, Police Station, Shrigonda, Tq. Shrigonda, Dist. Ahmednagar.
Minal w/o Pritam Patni @ Minal d/o Pradipkumar Badjate,
Age 29 yrs., Occ. Household, R/o Shivaji Chowk, Main Road, Shrigonda, Tq. Shrigonda, Dist. Ahmednagar.
... Respondents ...
Mr. A.D. Ostwal, Advocate for applicants Mr. A.M. Phule, APP for respondent No.1 Mr. Joydeep Chatterji, Advocate for respondent No.2 ...
CORAM :
SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE :
15th SEPTEMBER, 2025 ORDER :
.
The applicants were facing the charges for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 vide First Information Report No.25/2019 dated 06.01.2019 registered with Police Station, Shrigonda, Tq. Shrigonda, Dist. Ahmednagar. Later on charge sheet came to be filed vide Regular Criminal Case No.191/2019 and is pending before learned Judicial Magistrate First Class, Shrigonda. Now, learned Advocate for applicants as well as respondent No.2 are placing photo copy of the petition bearing No.E-
61/2020 before learned Family Court, Nanded under Section 13-B of the Hindu Marriage Act, 1955. In the said petition there is a specific stipulation that present respondent No.2 would give no objection in the present application for quashing the First Information Report and the proceedings. Both the Advocates submit that pursuant to this petition the divorce was granted, however, they are not having the copy of the same, but certainly, there are instructions to learned Advocate representing respondent No.2 that respondent No.2 has performed second marriage and she has no objection for quashing of the proceedings. Therefore, we are of the opinion that this is a dead wood now, which is required to be wiped out without the formalities of asking the parties to produce the copy of the decree. Hence, following order.
ORDER
i) Criminal Application stands allowed.
ii) The proceedings in Regular Criminal Case No.191/2019 pending before learned Judicial Magistrate First Class, Shrigonda, Tq. Shrigonda, Dist. Ahmednagar, arising out of First Information Report vide Crime No.25/2019 dated 06.01.2019 registered with Police Station, Shrigonda, Tq. Shrigonda, Dist. Ahmednagar, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands
quashed and set aside as against applicants viz. 1) Pritam Patni @ Pritam Dilip Patni, 2) Dilipkumar Gulabchand Patni, 3) Sunanda w/o Dilipkumar Patni and 4) Pratiksha d/o Dilipkumar Patni @ Pratiksha d/o Dilip Patni. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd