1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2267 OF 2002 1) Nishikant s/o Ashok Kalanke Age: 34 Yrs., occu.nil r/o 43 Sector 2, Koparkharne, Washi, New Mumbai. 2) Ashokrao s/o Dagadu Kalanke Age: 65 Yrs., occu. Nil, R/o as above. 3) Shalini w/o Ashok Kalanke Age: 60 Yrs., occu. Nil, R/o as above. .. PETITIONERS VERSUS 1) Pankaja w/o Nishikant Kalanke Age: 31 Yrs., occu. Service and Household, r/o 7, Yeshshri Hsg. Society, CIDCO, Aurangabad. 2) The State of Maharashtra. .. RESPONDENTS ***** Mr.N.L.Jadhav, Advocate for Petitioners; Mr.D.S.Manorkar,Advocate h/for Mr.SG Ladda, Adv. For Respondent No.1; Mr.P.M.Shinde, APP for Respondent No.2. ----- WITH CRIMINAL APPLICATION NO. 2301 OF 2002. 1) Yogini d/o Dnyaneshwar Kalaskar Age: 25 Yrs., occu. Nil. r/o Ganesh Nagar, Anjangaon Surji, District Amravati. 2 2) Dnyaneshwar s/o Balkrishna Kalaskar, Age: 55 Yrs., occu. Service, r/o as above. 3) Nalini w/o Dnyaneshwar Kalaskar Age: 50 Yrs., occu. Household, r/o as above. .. PETITIONERS VERSUS 1) Pankaja w/o Nishikant Kalanke Age: 31 Yrs., occu. Service and Household, r/o 7, Yeshshri Hsg. Society, CIDCO, Aurangabad. 2) The State of Maharashtra. .. RESPONDENTS ***** Mr.N.L.Jadhav, Adv. For petitioners; Mr.D.S.Manorkar,Advocate h/for Mr.SG.Ladda, Adv. For Respondent No.1; Mr.P.M.Shinde, APP for Respondent No.2. CORAM : K.U.CHANDIWAL, J. DATE : 22 nd July, 2009 . ORAL JUDGMENT : 1) Heard Mr.N.L.Jadhav and Mr. Manorkar, learned Counsel for the respective parties and Mr.Shinde, learned APP for State. 2) The petitioner/husband is aggrieved by the order of learned JMFC, Aurangabad dated 14th May, 2002, whereby process was issued for the offence punishable under Sections 494, 109 read 3 with 34 of IPC against accused nos. 1 to 10. It is informed, the day on which the husband Nishikant has entered into second marriage, his marital tie with wife Pankaja, was not subsisting, the decree is confirmed by this Court in Family Court Appeal No.20 of 2000 by Judgment and Order dated 5th September, 2003. In this scenario of the situation, no purpose will be served to continue with the proceedings. The issuance of process by the learned Judge, which is subject of challenge, will not survive as, there was already a severance of marital tie. It is informed, wife Pankaja has also entered the second marriage. 3) Criminal Application No.2301 of 2002 is moved by Yogini d/o Dnyaneshwar Kalaskar, the second wife of Nishikant s/o Ashok Kalanke. The order of issuance of process by learned JMFC, dated 14th May, 2002 for offence under Sections 494, 109 r/w 34 of IPC is subject of challenge. 4) Since the wife Pankaja faced severance of marriage with Nishikant in matrimonial proceedings and by virtue of orders dated 5th 4 September, 2003 in Family Court Appeal No. 20/2000, the divorce sought in the Divorce petition moved by the husband is confirmed, the marital tie between wife and the husband Nishikant no more subsists w.e.f.22.10.2000. In the situation, the order of issuance of process will not subserve any purpose, there was no subsisting relations of Pankaja with Nishikant. Consequently, the order of issuance of process is quashed and set aside. Both the applications allowed. sd/- ( K.U.CHANDIWAL ) JUDGE bdv/cran2267.02 Authentic copy (BD VADNERE,PS)