43-wp1831-17.doc
SSK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1831 OF 2017
Prashant Dhasal ors. … Petitioners
Versus
Shraddha Dhasal ors. … Respondents
Mr. Prosper D’Souza, i/b Mr. Rajendra Anbhule, for the
Petitioiners.
Mr. K. V. Saste, APP for the State.
Mr. E. V. Sawant, for Respondent no.1.
CORAM : RANJIT MORE
SMT. BHARATI H. DANGRE, J J.
DATE : 9th OCTOBER, 2018.
P.C.:-
1. We have gone through the Mediation Report dated 3 rd
August, 2018 submitted by Mr. Rajiv Patil, the Mediator. The
report shows that both the parties have expressed that they
are not willing to continue the mediation process and,
therefore, the mediation has failed.
2. We heard the learned Counsel for the parties on merit.
We have perused the first information report and also
other documents annexed to the petition. In the first
information report, the allegations are made by the
complainant that the demands were raised by the Petitioner
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and his relatives for dowry and since she was unable to
satisfy the said demands, she was subjected to physical and
mental harassment. The FIR do disclose the details of the
allegations and we have to accept these allegations on its face
value. The narration in the complaint, prima facie, make out
a case for the offence punishable under Section 498A of
Indian Penal Code against the present Petitioner and
therefore we are of the express opinion that this petition
cannot be entertained at this stage and the relief for quashing
of the same, cannot be granted.
In the aforesaid circumstances, the Writ Petition is
dismissed. No order as to costs.
[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]
Digitally signed
Santosh by Santosh
Subhash
Subhash Kulkarni
Date:
Kulkarni 2018.10.12
05:03:43 +0530
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