Arvindbhai Prabhashankar Trivedi vs State Of Gujarat on 3 March, 2023
12. It is not in dispute that after filing the complaint,
respondent no.2 never remained present before the Court.
She once was remained present before the Civil Court,
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R/CR.MA/2141/2016 JUDGMENT DATED: 03/03/2023
Anand to submit settlement pursis Exh.12 and pursuant
to the settlement, the Civil Court vide its decree and
judgment dated 12.08.2006 dissolved the marriage. After
dissolution of marriage, she married to another person and
since then, she is living with her husband at U.K. In such
circumstances, this Court is of the considered view that
inference can be drawn against respondent no.2-wife that
she is not interested in pursuing the prosecution against
the applicants, but keeping hanging sword on the
applicants, with a view to harass them, she keeps continue
the proceedings. It is necessary to refer the observations
made by the Division Bench of the Bombay High Court
[Vrushali Jayesh Kore Vs. State of Maharashtra
(2023(1) Crime (Bombay)], Para-9 of the judgment of the
Division Bench read thus: