1 wp2575.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2575 OF 2011 KJ Mr.Ajaykumar T. Chaudhary )..Petitioner Versus Mrs.Neha Ajaykumar Chaudhary & Anr. )..Respondents ---- Mr.S.C.Kanojia for the petitioner. Mr.A.Majid H.Banderkar for respondent no.1. Mr.A.s.Gadkari APP for respondent no.2. ---- CORAM : A.M.KHANWILKAR & P.D.KODE, JJ DATE : 10th October, 2011 PC 1 Three reliefs are claimed in this petition. The first is to quash domestic violence case. The second is to quash FIR registered against the petitioner for offences punishable under Sections 498- A, 406, 323, 504, 506, 34 of IPC. The third relief is to direct the respondent to resume matrimonial house and reside with the 2 wp2575.11.sxw family of the petitioner and co-habit with him. 2 Insofar as first relief is concerned, the only reason stated across the bar by the learned Counsel for the petitioner is that the said complaint has remained pending since the year 2010. If the said complaint were to be expedited by the trial Court, he will not be insisting for quashing of the said case. It will be open for the petitioner to approach the trial Court and make such request which may be considered by the trial court on its own merits. 3 Insofar as relief of quashing of FIR is concerned, the learned APP on instructions, states that the investigation on the basis of FIR has been completed and charge-sheet has been filed in the concerned court on 30.9.2010. If it is so, the petitioner may have to approach the concerned court for discharge or such further relief as may be advised. Simplicitor relief of quashing of FIR cannot be pursued by way of present petition. The petitioner is therefore, granted liberty to approach the trial court if so advised. All questions raised by the petitioner are left open. 3 wp2575.11.sxw 4 Sofar as third relief is concerned, in our opinion, is ill- advised. Such direction cannot be issued against the private party in writ jurisdiction. The petitioner is free to approach the appropriate court and ask for such relief including the relief claimed in terms of clause-3 which proceeding will have to be considered on its own merits by the concerned court. Accordingly, petition is disposed of in the above terms. (P.D.KODE,J) (A.M.KHANWILKAR,J)