Sachin Bhimrao Kalsait And Others v. Anjali W/O Sachin Kalsait

2024:BHC-AUG:13272

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

15. CRIMINAL APPLICATION NO.2831 OF 2021 1] Sachin s/o. Bhimrao Kalsait 2] Bhimrao s/o. Limbaji Kalsait 3] Minakshi w/o. Bhimrao Kalsait 4] Varsha w/o. Anil Kamble.

.. APPLICANTS

VERSUS

Anjali w/o. Sachin Kalsait.

.. RESPONDENT ...

Mr.N.T.Tribhuwan holding for Mr. Amit S. Deshpande, Advocate for the applicants ...

CORAM : SHIVKUMAR DIGE, J.

DATE : 01.07.2024 P.C. :

1] By this Criminal Application, the applicants are seeking relief that the proceedings in RCC No.197/2016, pending before the Judicial Magistrate First Class, Tuljapur, District Osmanabad, filed under Section 498 (A), 323, 504 r/w. 34 of the Indian Penal Code be quashed.

2] It is contention of the learned counsel for the applicants that the proceedings filed by the respondent is

pending before the trial Court. The respondent is not taking any steps in the said proceedings and the matter is prolonging. The applicants are unnecessary harassed by pendency of the said proceedings before the trial Court, hence, requested to quash the proceedings pending before the trial Court.

3] I have heard this application without issuing notice. The private complaint is filed by the respondent - wife against the applicant no.1 - husband and in-laws on the ground of mental and physical harassment. Mere on the submissions of the learned counsel for the applicants, the said proceedings cannot be quashed. The private complaint is filed in the year 2016 and the same is pending since then. Considering the submissions of the learned counsel for the applicants, I pass the following order :

ORDER

The Criminal Application is dismissed.

However, the trial Court is requested to dispose of the proceedings i.e. RCC No.197/2016 within a period of 6

months from the date of receipt of this order, on its own merit.

[SHIVKUMAR DIGE] JUDGE DDC