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2008 Supreme(Bom) 11

S.R.DONGAONKAR
Sau. Jayashree w/o Baliram Chavhan – Appellant
Versus
Baliram s/o Tulshiram Chavhan – Respondent


Advocates appeared
Shri J.Y. Ghurde, Advocate for the applicant
Shri M.G. Sarda, Advocate for the respondent

JUDGMENT :

S.R. DONGAONKAR, J.

This is an application under section 482 of Criminal Procedure Code. The applicant, who has been aggrieved by the order dated 27.6.2007 passed by the Additional Sessions Judge, Achalpur, whereby the respondent – husband's Criminal Revision No.53/2006 was allowed , has preferred this application seeking quashing of that order.

2. Brief facts leading to this application can be stated thus. The applicant who is wife of the respondent had filed Miscellaneous Criminal Application No.74/2003 for grant of maintenance under section 125 of Criminal Procedure Code before the Judicial Magistrate First Class, Daryapur. When the matter was pending; there was amicable settlement between the parties and the applicant went to cohabit with the respondent. Pursis to that effect was filed on 9.3.2005. Matter remained pending, obviously, waiting for favourable out come. Thereafter, respondent's counsel filed another pursis on 1.10.2005 by which it was intimated to the court that the applicant and the respondent were living together at Akola and therefore, the application should be dismissed. It is to be noted that this pursis was filed by the “counsel for the respondent”






















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