Supreme Court Directs Bombay HC To Dispose Of Domestic Violence Case Against Mumbai Commissioner Hemant Nagrale Within 6 Months

The Supreme Court recently directed the Bombay High Court to consider disposing of the proceedings under the Domestic Violence Act against Hemant Namdeorao Nagrale, Commissioner of Mumbai within 6 months.

The bench of Justices UU Lalit and S Ravindra Bhat in the present matter was considering a special leave petition assailing Bombay High Court's order of refusing to quash the proceedings initiated by his wife under the D.V. Act.

Nagrale had also challenged Bombay High Court's order refusing to the quash criminal proceedings initiated by his wife u/s 498A, 323, 328, 341, 307, 504, 506(2) r/w Section 34 and 120-B of the Indian Penal Code, 1860.

While disposing of the SLP pertaining to DV proceedings, the bench in Hemant Namdeorao Nagrale v. Pratima @ Rani Hemant Nagrale & Anr observed,

"Since the divorce granted by the Family Court on the ground of cruelty is pending consideration in First Appeal No.71 of 2011 before the High Court, and as the operative directions issued by the Family Court had granted permanent maintenance to the respondent-wife, all the issues pertaining to and raised in the application preferred under the D.V. Act, 2005 shall be gone into by the High Court in the pending First Appeal No.71 of 2011. Such a course is permissible by express terms of Section 26 of the D.V. Act. For the effective consideration of the entire controversy, the application preferred under the D.V. Act shall stand transferred to the High Court for appropriate determination and disposal."

The Top Court also directed the concerned Court at Pune to transmit all the relevant records and papers to the High Court within two weeks of the receipt of the copy of this order.

Factual Background:

Hemant Namdeorao Nagrale, Commissioner of Mumbai had filed a petition before the Family Court, Mumbai at Bandra u/s 13(1)(ia) of the Hindu Marriage Act, 1955 seeking divorce on grounds of cruelty which was allowed by the Family Court on February 25, 2011.

Pursuant to the order granting divorce, Nagrale's wife had lodged a private complaint in the Court of Additional Chief Metropolitan Magistrate against Nagrale, two doctors and two nurses alleging commission of offences punishable u/s 498A, 323, 328, 341, 307, 504, 506(2) r/w Section 34 and 120-B of the Indian Penal Code, 1860.

On September 20, 2013, Nagrale's wife filed a Criminal Miscellaneous Application in the Court of M.F.C. (A.C. Court), Pune seeking for issuance of appropriate protection order under the provisions of the Domestic Violence Act, 2005 ('DV Act') against Nagrale prohibiting him from committing any act of domestic violence. She had further sought for passing a suitable order for allowing her to enjoy the shared household, maintenance in the sum of Rs.2,50,000/- and compensation of Rs.50,000/- and a sum of Rs.25,000/- for litigation expenses.

Nagrale on January 17, 2014 filed an application u/s 482 of CrPC, 1973 seeking quashing of the proceedings initiated by the respondent under the D.V. Act and also filed a Criminal Application seeking quashing of the Criminal Complaint filed by the respondent in the Court of the Additional Chief Metropolitan Magistrate, Mumbai u/s 498A, 323, 328, 341, 307, 504, 506(2) r/w Section 34 and 120-B of the Indian Penal Code, 1860.

The High Court on January 24, 2020 rejected Nagrale's applications seeking quashing of the proceedings.

Senior Advocate Siddhartha Dave appeared for Hemant Namdeorao Nagrale and Senior Advocate Vinay Navare appeared for Nagrale's wife.

With regards to the proceedings challenging the rejection of application u/s 482 of the Code seeking quashing of criminal proceedings filed in the Court of Additional Chief Metropolitan Magistrate, Mumbai the Top Court granted the SLP. It further directed for continuation of the interim relief.

"Insofar as the challenge to the rejection of application under Section 482 of the Code seeking quashing of criminal proceedings filed in the Court of Additional Chief Metropolitan Magistrate, Mumbai is concerned, Special Leave to Appeal [in Special Leave Petition (Crl.) No.1839 of 2020] is granted. Interim order granted in SLP (Crl.) No. 1839 of 2020 shall continue to operate. Hearing of the appeal is expedited," the Court noted in its order.

Case Title: Hemant Namdeorao Nagrale V. Pratima @ Rani Hemant Nagrale & Anr| Special Leave To Appeal (Criminal) No.2071/2020 and Hemant Namdeorao Nagrale V. Pratima @ Rani Hemant Nagrale & Anr| Special Leave To Appeal (Criminal) No.1839/2020

Click Here To Read/Download Order