IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 961 OF 2016
Anuradha Giridhar Bhosale anr. … Petitioners
The State of Maharashtra anr. … Respondents
Mr. Jaydeep S. Deo, for the Petitioners.
Mrs. P. P. Shinde, APP for the State.
CORAM : RANJIT MORE
SMT. BHARATI H. DANGRE, J J.
DATE : 28th SEPTEMBER, 2018.
1. Heard the learned Counsel for the Petitioners and the
learned APP for the State. Despite service nobody appears on
behalf of the Respondent.
2. The petition is filed under Article 226 of the
Constitution of India for quashing FIR bearing C.R. No.55 of
2016, registered with Kothrud Police Station, Pune, at the
instance of Respondent no.2 for the offences punishable
under Section 498A, 323, 504 r/w 34 of Indian Penal Code.
3. Copy of FIR is annexed at page 60. We have gone
through the same. The main allegation is against the
husband, who is already expired. The allegation to that effect
is that he was not keeping physical relationship. So far as the
present petitioners are concerned, allegation made against
them that they were supporting the Respondent no.2,
4. The allegations made in the FIR in our considered view
cannot constitute an offence under Section 498A of Indian
Penal Code. So far as under Section 323 and 504 is not
cognizable and in the absence of the allegation of the 498A
Indian Penal Code, the FIR could not have been lodged.
5. In the light of above, the petition deserves to be allowed
by setting aside and quashing the impugned order. The
petition is allowed in terms of prayer clause (a).
Consequently, the impugned FIR is quashed and set aside.
All concerned shall act on authenticated copy of this order.
[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]
Santosh by Santosh