Bombay High Court

UMESH PARMESHWAR SONTAKKE AND OTHERSversusCHHAYA UMESH SONTAKKE

Disposal: Withdrawn

Holding

The criminal application is disposed of as withdrawn.

Summary

The applicants, Umesh Parmeshwar Sontakke and others, filed a criminal application challenging proceedings initiated under the Protection of Women from Domestic Violence Act against the respondent-wife, Chhaya Umesh Sontakke. While the criminal application was pending, the original PWDVA proceedings (PWDVA No. 33 of 2025) were withdrawn by the respondent-wife, as evidenced by an order dated 04‑08‑2026 issued by the learned JMFC, Bhokardan. The applicants’ counsel sought to withdraw the pending criminal application in view of the withdrawal of the original proceedings. The Court examined whether the criminal application could continue despite the termination of the underlying PWDVA case. Finding no basis to proceed, the Court granted permission to withdraw the criminal application. Consequently, the criminal application was disposed of as withdrawn.

Issues considered

The criminal application challenging PWDVA proceedings may be withdrawn when the original PWDVA case is withdrawn by the respondent.

Legislation cited

Protection of Women from Domestic Violence Act, 2005

Subjects

Domestic Violence
Protection of Women from Domestic Violence Act
Withdrawal of Proceedings
Criminal Application
High Court

Judgment

2026:BHC-AUG:46125
                                                                   6nobApplb2007-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           Umesh Parmeshwar Sontakke and others
                                             Versus
                                   Chhaya Umesh Sontakke
                                               …
            Mr. Sumit Koche, Advocate for the Applicants
            Mr. S. A. Gaikwad, APP for the State


                                  CORAM : HITEN S. VENEGAVKAR, J.
                                    Dated : 28th September, 2026
            PER COURT :-

            1.       Not on Board. Taken on Board.


            2.       The learned Advocate for the applicants submits that the

            proceedings under the Protection of Women from Domestic Violence

            Act were challenged in the present application. However, during the

            pendency of the present criminal application, the original proceedings

            themselves came to be withdrawn by the respondent-wife. He tenders

            an order dated 04.08.2026 passed by the learned JMFC, Bhokardan in

            PWDVA No. 33 of 2025. The said order is taken on record and marked

            as ‘X’ for the purpose of identification. In view of the said order, the

            learned Advocate prays for withdrawal of the present application.


            3.       Permission granted. The criminal application stands disposed

            of as withdrawn.




                                                       (HITEN S. VENEGAVKAR, J.)
 JPChavan


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