Chetan Suresh Shinde v. The State Of Maharashtra And Another

2025:BHC-AUG:27442 *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CRIMINAL APPLICATION NO. 2523 OF 2025 CHETAN SURESH SHINDE

VERSUS

SNEHA CHETAN SHINDE AND ANOTHER ...

AND 911 CRIMINAL APPLICATION NO. 2558 OF 2025 CHETAN SURESH SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Shri Deshpande Chaitanya C., Advocate for the Applicants. Shri D.B. Bhange, APP for the Respondent/State. Shri Patil Bhaktraj L., Advocate for Respondent No.2. ...

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 30 September, 2025 P. C. :- 1.

Both these applications are filed under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2.

The matter arises from matrimonial dispute between the parties. Since the parties are common and pray for transferring the proceedings to Dhule, these applications are decided by this common order.

*2* 3.

According to the applicant, he is legally wedded husband of the respondent/ Sneha Chetan Shinde and their marriage was solemnized on 18.02.2018 at Dhule. From the said wedlock, one daughter was born on 25.12.2018. The matrimonial dispute arose between the parties and as a result of which, respondent No.1 has filed PWDVA No.54/2022 before learned Chief Judicial Magistrate at Yavatmal against the applicant and other family members. She also lodged FIR bearing Crime No.20/2020 with Lohara Police Station, Yavatmal. After investigation, the said FIR culminated in RCC No.633/2020 before the learned JMFC, Yavatmal. Both these proceedings are pending at Yevatmal.

4.

Learned advocate for the applicant submitted that after filing of the proceedings at Yavatmal, respondent No.1 along with daughter have shifted to Dhule and are residing at Dhule. Even daughter is admitted in the school at Dhule. The applicant is also residing at Dhule. Distance between Yavatmal and Dhule is about 492 kilometers. He, therefore, prayed for transfer of the proceedings to Dhule.

5.

Learned advocate for the respondent/ complainant

*3* submitted, on instructions, that the respondent has no objection as regards transferring the cases. However, he submitted that the applicant has not been attending the court proceedings. He, therefore, requested that the applicant be directed to attend the court proceedings and the Courts below be directed to dispose of the cases within a particular time frame.

6.

In view of above submissions of the parties and since respondent No.2 has consented for transfer, it is necessary, in the interest of justice, to transfer above proceedings to respective courts. Hence, the following order:-

ORDER

(a) Both Criminal Applications are allowed in terms of respective prayer clause (B), which read thus:- Criminal Application No.2523/2025:- "B) The proceedings of PWDVA No.54/2022 pending before the Ld. Chief Judicial Magistrate at Yavatmal may kindly be transferred to the Ld. Chief Judicial Magistrate at Dhule for its disposal in accordance with law."

Criminal Application No.2558/2025:- "(b) The proceedings of RCC No.633/2020 pending

*4* before the Ld. Judicial Magistrate First Class, Yavatmal may kindly be transferred to the Ld. Judicial Magistrate First Class at Dhule for its disposal in accordance with law."

(b) In view of the request made by learned advocate for the respondent/ complainant, the concerned Courts are requested to dispose of the pending proceedings expeditiously. The applicant shall attend the proceedings on the dates so fixed and shall not seek adjournment on frivolous or trivial ground, or else the Courts below would be at liberty to impose appropriate costs. kps ( SUSHIL M. GHODESWAR, J. )