- 1 - apl86.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN NO.86 OF 2011 1.Faiyaz Idris Patel 2.Idris Ismail Patel 3.Khairunisa Idris Patel 4.Faizan Idris Patel 5.Abdul Aziz Patel 6.Saika Nasir Patel .. Applicants vs 1.Fatima Faiyaz Patel 2.State of Maharashtra .. Respondents Mr.Amin Solkar for Applicants Mr.Hakim Salim for Respondent no.1 Ms.R.V.Newton for State CORAM: K.U.CHANDIWAL, J DATE: 18 th October,2011 P.C. 1. Heard learned counsel for the parties extensively. Parties are present. Efforts to ensure an amicable settlement between the couple failed before the Mediator and even such effort by the Court could not yield any result. Petition under section 12 of - 2 - apl86.11 Protection of Women from Domestic Violence Rules, 2006 is pending before the learned Metropolitan Magistrate, 15th Court, at Mazgaon, Mumbai. Another Application moved by the husband Faiyaz Patel (Accused no.1) is also pending wherein he has offered for alternate accommodation of residence for wife respondent no.1-Fatima Patel. 2. Without adverting to the merits and contentions raised in the present proceedings, learned Judge seized with the proceedings initiated by respondent no.1 shall ensure to dispose of the same peremtorily within a time frame of four months (Four months). Application for alternate residence scheduled on 20.10.2011 will also be dispose of on merits. 3. With above directions, Petition disposed of. - 3 - apl86.11 4. This Court has not expressed any opinion on merits as canvassed by either the Petitioner or Respondents. Learned counsel for the wife-respondent No.1 has given no objection for exemption for appearance before the learned Metropolitan Magistrate concerning Applicant No.2-Idrish Ismail Patel,Applicant no.3-Khairunnisa Idris Patel, Applicant no.4-Faizan Idris Patel and Applicant no.5 Abdul Aziz Patel. Exemption Application would be moved by the Applicants and the learned Judge due to no objection recorded shall entertain the same till disposal of the proceedings pending before the learned Judge in proceedings being Case No.17/DVN/2010. If presence is required, it will be notified in advance to the learned counsel so that arrangements can be made for presence of afore referred Applicants before the learned Judge in Case No.17/DVN/2010. - 4 - apl86.11 Petition disposed of. K.U.Chandiwal,J