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2018 Supreme(Bom) 460

B.P.DHARMADHIKARI, S.B.SHUKRE, SWAPNA JOSHI
Nandkishor Pralhad Vyawahare – Appellant
Versus
Mangala – Respondent


Advocates Appeared:
For the Applicant :Amit Kinkhede h/f S.V. Sirpurkar, Advocates.
For the Respondent:Sumant Deopujari, Public Prosecutor, C.A. Joshi, Advocate.

JUDGMENT :

S.B. Shukre, J.

1. Hearing of this application filed by the deceased-applicant seeking quashing and setting aside of the proceeding initiated by the respondent-wife under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the D.V. Act” for short) to obtain a monetary relief under Section 20 of the D.V. Act before the Court of Judicial Magistrate First Class, Malegaon, District Washim has been held by us to answer the questions as framed in the reference made over to us.

2. At the initial stage of the hearing of the application, which was before the learned Single Judge (Coram : A.R. Joshi, J.) of this Court, it was brought to the notice of the learned Single Judge that there were conflicting decisions of different benches of this Court on the question of applicability of the provision of Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to a proceeding initiated under Section 12 of the D.V. Act seeking various reliefs as provided under Sections 18 to 22 of the D.V. Act. The conflicting views taken by two different benches of this Court, that were brought to the notice of the learned Judge arose from the c
















































































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