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Bombay High CourtABA/2359/2024disposed off

Kalpesh Narendra Parmar v. State Of Maharashtra

2024-09-06Hon'Ble Shri Justice Manish Pitale2 pages

906_ABA2359_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2359 OF 2024 Kalpesh Narendra Parmar ...

Applicant Vs.

State of Maharashtra ...

Respondent Mr. Akash Kavade a/w. Ms. Aishwarya Sharma for Applicant. Mr. Mayur S. Sonavane, APP for Respondent-State. Mr. Sudhir Toradmal, API, Vimantal Police Station, Pune City. CORAM : MANISH PITALE, J.

DATE : SEPTEMBER 06, 2024 P.C. :

.

Heard Mr. Kavade, learned counsel for the applicant and Mr.Sonavane, APP for the respondent-State.

2.

The applicant is apprehending arrest in connection with FIR No.0601 of 2023 dated 26.11.2023 registered with Vimantal (Airport) Police Station, District - Pune City, for offences under Sections 323, 337, 498-A, 504 and 506 of the Indian Penal Code, 1860 (IPC). 3.

The learned counsel for the applicant informs this Court that the other accused persons have been granted relief of anticipatory bail by the Sessions Court. The applicant is the husband of the informant. 4.

It is brought to the notice of this Court that the applicant filed divorce proceedings in January 2024 at the Competent Court in Kalyan and in that context, the informant has filed Miscellaneous Civil Application No.145 of 2024, for transfer of the divorce proceedings to Pune, where the informant is residing. By order dated 01.07.2024, this Court (Coram : Arun R. Pedneker, J.) referred the parties to mediation MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2024.09.06 19:02:50 +0530 before the Mediation Centre of this Court in the said miscellaneous civil 1/2

906_ABA2359_24.doc application. Recently, by order dated 04.09.2024, further direction was issued in the said application for the parties to ensure that the meetings for mediation are held.

5.

Therefore, there is substance in the contention raised on behalf of the applicant that the parties are exploring the possibility of settlement through mediation. The present FIR has its genesis in the matrimonial discord between the applicant and the informant. 6.

The learned APP, on instructions of the investigating officer, who is present in Court, submits that charge-sheet is already filed and that the investigating officer does not require the custody of the applicant. 7.

In view of the above, the present application is allowed. 8.

The statement of the investigating officer sufficiently discloses no imminent threat of arrest of the applicant. Nonetheless, the applicant shall continue to co-operate in the mediation proceedings as well as further proceedings that maybe undertaken before the Competent Court in respect of the said FIR.

(MANISH PITALE, J.) Minal Parab 2/2