KUNDAN SHANTARAM KOLHE vs NETRA ASHISH KOLHE - 2024-02-14

O R D E R

1. Leave granted.

2. Heard learned counsel for the parties and perused the material placed on record.

3. The brother-in-law and sister-in-law of respondent no.1, who are arrayed as opposite parties in domestic violence complaint are before this Court assailing the correctness of the order dated 28.08.2019 passed by the Bombay High Court dismissing their writ petition for quashing of proceedings initiated by respondent no.1 under the Protection of Women from Domestic Violence Act 2005 (For short, "the Domestic Violence Act").

4. The High Court dismissed the writ petition finding it to be premature as the petition had been filed soon after the notices were served upon the petitioners and the matter was still pending before the Magistrate.

5. Today, we are informed that the husband and wife, i.e., respondent no.1 and her husband (brother of appellant no.1) have already obtained a decree of divorce by mutual consent on 30.01.2021. Further we have been informed that the Magistrate had dismissed the complaint under the Domestic Violence Act, and against the said order of dismissal an appeal has already been preferred, which is said to be pending. In such circumstances, learned counsel for the appellant submitted that the impugned proceedings under the Domestic Violence Act may be quashed as decree of divorce has already been granted to the parties concerned on the basis of mutual consent and unnecessarily the family members of the husband of respondent no.1 are dragged into the litigation.

6. Learned counsel for respondent no.1 does not dispute the fact that decree of divorce by mutual consent has already been granted on 30.01.2021. He also does not dispute the fact that the complaint under the Domestic Violence Act was dismissed by the Magistrate. However, he submits that as the appeal is pending, the appeal may be allowed to be proceeded with on its own merits.

7. In our considered opinion that would be a futile exercise and considering the facts of the case that the marriage between respondent no.1 and her husband has already been dissolved by decree of divorce by mutual consent, we do not find any good reason to continue with the proceedings under the Domestic Violence Act.

8. Accordingly, we allow this appeal and quash the proceedings under the Domestic Violence Act at whatever stage they may be pending.

....................,J.

(VIKRAM NATH)

....................,J. (SATISH CHANDRA SHARMA)

NEW DELHI;

FEBRUARY 14, 2024.

ITEM NO.18 COURT NO.8 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).9876/2019

(Arising out of impugned final judgment and order dated 28-08-2019 in CRLWP No. 3718/2019 passed by the High Court of Judicature at Bombay)

KUNDAN SHANTARAM KOLHE & ANR. Petitioner(s)

VERSUS NETRA ASHISH KOLHE & ANR. Respondent(s)

Date : 14-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Ms. Pooja Yadav, Adv.

Mr. R. P. Gupta, AOR For Respondent(s) Mr. Tapan Bijoy Deb Choudhury, AOR Mr. Sachin Patil, AOR UPON hearing the counsel the Court made the following

O R D E R

The appeal is allowed in terms of the signed order.

Pending application(s), if any, also stand disposed of.

(NEETU KHAJURIA) (RAM SUBHAG SINGH) ASTT. REGISTRAR-cum-PS COURT MASTER

(Signed order is placed on the file.)