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Anuradha Giridhar Bhosale And Anr vs The State Of Maharashtra And Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 961 OF 2016

Anuradha Giridhar Bhosale anr. … Petitioners
Versus
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.

P.C.:-

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

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7-WP961-16.doc

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,

complainant husband.

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.]

Digitally signed
Santosh by Santosh
Subhash
Subhash Kulkarni
Date:
Kulkarni 2018.10.04
05:26:59 +0530

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