IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1220 OF 2007 Nitin M.Shirodkar & Anr. ..Petitioners Versus Smt.Nishigandha N.Shirodkar & Anr. ..Respondents ---- Mr.N.V.Walawalkar Sr.Counsel with Sudhir Prabhu for the petitioners. Mr.D.R.More APP for the Respondent/State. ---- CORAM : B.H.MARLAPALLE,J CORAM : B.H.MARLAPALLE,J CORAM : B.H.MARLAPALLE,J DATE : 8TH OCTOBER, 2007 PC 1. Heard Mr.Walawalkar the learned Senior Counsel for the petitioners. 2. By this petition filed under Article 227 of the Constitution of India, the petitioners are seeking to invoke inherent powers of this Court under Section 482 of Cr.P.C. for quashing the proceedings in criminal case no.474/S/2000 after having failed before the Sessions Court in Criminal Application No.411/2006. The respondent no.1 has filed the said complaint which is presently pending before the learned Addl.Chief Metropolitan Magistrate, 5th Court at Dadar for the offence punishable under Section 494 read with 34 of IPC against the present petitioners alleging that the petitioner no.1 Nitin Shirodkar married 2nd time to the : 2 : petitioner no.2 Neha on 13.10.1994. She states in her complaint that she was married to the petitioner no.1 on 15.5.1985 at village Talwade. 3. Mr.Walawalkar the learned Counsel for the petitioners submits that it is a frivolous complaint without any documentary support and therefore, to prevent miscarriage of justice the complaint filed by the respondent no.1 deserves to be quashed. 4. The factum of marriage between the petitioner no.1 and respondent no.1 is a matter of evidence oral and documentary that may be filed during the trial of the complaint. It is well settled that such a complaint cannot be dismissed even under Section 245 of Cr.P.C. only on the basis of the documents that accused may bring on record. All these documents will have to be tested during the trial and therefore, this is not a fit case to exercise powers under Section 482 of Cr.P.C. 5. Hence, the petition is rejected summarily. However, it is directed that the trial in C.C.No.474/S/2000 be expedited and be completed preferably by 31.5.2008 and undoubtedly on its own merits. (B.H.MARLAPALLE,J) (B.H.MARLAPALLE,J) (B.H.MARLAPALLE,J)