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2017 Supreme(Bom) 1719

B.P.DHARMADHIKARI, ARUN D.UPADHYE
Nandkishor Pralhad Vyawahare – Appellant
Versus
Sau. Mangala w/o Pratap Bansar – Respondent


Advocates Appeared:
For the Applicant :Shri S.V. Sirpurkar, Advocate
For the Respondent:Shri M.K. Pathan, APP., Shri C.A. Joshi, Advocate

JUDGMENT :

ARUN D. UPADHYE, J.

1. The present reference is arising out of order dated 13/2/2015 passed by the learned Single Judge in Criminal Application No.578/2011.

2. It appears that during the course of hearing, it was brought to the notice of learned Judge that there are conflicting decisions of two separate Benches, on the point of applicability of the provisions of Section 482 of the Code of Criminal Procedure to the proceedings under the Protection of Women from Domestic Violence Act, 2005 (for short hereinafter referred to as “the D.V. Act, 2005”), rendered in the case of Mangesh Sawant Versus Minal Vijay Bhosale, reported at 2012 ALL MR (Cri.) 1113 (Coram : A.S. Oka, J.) and another in Criminal Writ Petition No. No.773/2014 (Narayan Thool and others Versus Sau. Mala Chandan Wani,) (Coram : S.B. Shukre, J.).

3. After hearing the parties, the learned Single Judge has made a reference to the Hon'ble Chief Justice for referring the matter to be decided by larger Bench in order to set right the controversy. Following questions were framed by the learned Single Judge :

“(i) Whether or not the proceedings under the Protection of Women from Domestic Violence Act, 2005 are in the natu













































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