Bombay High Court

VITTHAL VINAYAK DHEMBREversusVAISHALI VITTHAL DHEMBRE AND ANR.

Disposal: Disposed Off
Bench: VRUSHALI V JOSHI

Holding

The revision application is disposed of as withdrawn and the trial court is directed to decide the matter uninfluenced by the Sessions Court’s order.

Summary

The applicants filed a criminal revision application (CR No.248 of 2018) challenging a decision of the Sessions Court. Since parallel proceedings under the Protection of Women from Domestic Violence Act had already been initiated, the applicants’ counsel sought permission to withdraw the revision. The High Court granted the withdrawal, disposing the application as withdrawn. Additionally, the Court directed the trial court to decide the domestic‑violence matter without being influenced by the Sessions Court’s order. The order thus clears the path for the trial court to proceed independently.

Issues considered

Whether a criminal revision application may be withdrawn after initiation of parallel proceedings under the Protection of Women from Domestic Violence Act
Whether the trial court must be insulated from the Sessions Court’s order in the pending domestic‑violence case

Legislation cited

Protection of Women from Domestic Violence Act, 2005

Subjects

criminal revision
withdrawal of application
domestic violence
Protection of Women from Domestic Violence Act
trial court direction

Judgment

                                                   6-REVN-248-2018 (CR).doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION

          CRIMINAL REVISION APPLICATION NO. 248 OF 2018

Vitthal Vinayak Dhembre                          .....Applicants
      Vs.
Vaishali Vitthal Dhembre & Anr.                  .....Respondents

                                 .....
Mr. Vishwanath S. Talkute with Mr. Mahesh Bhosale, Advocate for
Applicants.
Mr. Shrikant H. Yadav, APP for Respondent-State.
                                 .....

                                CORAM: MRS. VRUSHALI V. JOSHI, J.
                                DATED: 31st JULY 2026
P.C.:-

1.       As the proceedings before the Trial Court under the Protection

of Women from Domestic Violence Act have already been initiated,

learned counsel appearing for the Applicant seeks permission to

withdraw the present Application. Permission is granted. Accordingly,

the Application stands disposed of as withdrawn.


2.       The Trial Court is directed to decide and dispose of the matter

uninfluenced by the order passed by the Sessions Court.



                                  (MRS. VRUSHALI V. JOSHI, J.)


Suresh                                                                   1/1

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