1 CriA-3814-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 3814 OF 2009 Mrs. Pradnya Pradeep Badodekar & Anr. ... Applicants Vs. The State of Maharashtra & Anr. ... Respondents Mr. N.K.Thakore, i/b. Mr. Prakash Naik,Advocate, for the applicants. Ms. M.H.Mhatre, APP, for the respondent No.1. Mr. Madhav Jamdar, Advocate, for the respondent No.2. CORAM: J.H.BHATIA,J. DATE : 27th July, 2010. P.C. 1. The applicants are mother-in-law and sister-in-law of the respondent No.2, on whose report, Virar Police Station registered Crime No.118/2009 under Sec. 498A IPC. The learned Counsel for the applicants pointed out that the marriage had taken place in July 2008 and the respondent No.2 filed Marriage Petition before the Family Court under Section 12(1)(a) of the Hindu Marriage Act for nullity of marriage on the ground that the husband was impotent and therefore, he was avoiding her. The husband had left Mumbai on 13.8.2008 and went to Muscat. The petition for nullity of marriage was filed in December 2008. On 30.5.2009, the FIR was lodged by respondent No.2 making allegations of ill- treatment at the hands of husband, mother-in-law and sister-in-law and particularly 2 CriA-3814-09.sxw demand of Rs.1 crore by sister-in-law and a house by mother-in-law. 2. The learned Counsel contended that if the husband was impotent and because of that he could not keep matrimonial relations with respondent No.2, the question of such a demand would not arise. He also contended that in the marriage petition, there was no allegation of any such demand. This was an after thought story only to harass him. At this stage, the learned APP informs that after filing of this application for quashing the FIR, police have filed the charge-sheet on 16.10.2009 and therefore, the applicant can be relegated to the trial Court for seeking discharge. In view of this development, the learned Counsel for the applicants seeks to withdraw the application with liberty to move an application for discharge before the trial Court. 3. Therefore, the Application stands disposed of as withdrawn with aforesaid liberty. If application for discharge is filed by the accused, the trial court shall hear both the parties and after taking into consideration all the circumstances, pass appropriate order on its own merits. In case the application for discharge is rejected,the trial shall be stayed for a further period of six weeks to facilitate the applicant to challenge that order. 3 CriA-3814-09.sxw Application stands disposed of accordingly. (J.H.BHATIA,J.)