IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.202 OF 2018
Tushar Garg Ors. … Applicants
The State of Maharashtra … Respondent
Mr.Kiran Verma i/b. Rajeev Sawnt Associates, Advocate for the
Mr.S.V.Gavand, the Additional Public Prosecutor for the
CORAM : A.M.BADAR J.
DATED : 20th FEBRUARY 2020.
1 By this application under Section 482 of the Code of
Criminal Procedure, the applicants, who happen to be original
respondents in an application under Section 12 of the Protection
of Women from Domestic Violence Act, 2005 (hereinafter referred
to as the “D.V.Act” for the sake of brevity) filed by respondent No.2
herein are praying for quashing and setting aside those
Gaikwad RD 1/4
2 Heard the learned Counsel appearing for the
applicants/original respondents in the proceedings under the
D.V.Act. He argued that till filing of the proceedings under the
D.V.Act relationship between the parties was cordial. However,
subsequently, the respondent No.2/an aggrieved person had
lodged report alleging commission of offence under Section 498A
of the Indian Penal Code etc. against the applicant No.1 herein
and his relatives. It is further argued that record filed with the
application would show that the respondent No.2 herein/an
aggrieved person was having adulterous relationship with some
other person. At the instance of the applicant No.1/husband,
report of non-cognizable case was also registered in the matter.
The learned Counsel for the applicants further argued that right
from the year 2007, both daughters of the applicant No.1 and
respondent No.2 are being maintained by the applicant No.1 and
these two daughters are not residing with the respondent No.2
herein/an aggrieved person. Therefore, in submission of the
learned Counsel for the applicants, proceedings under the D.V.Act
needs to be quashed and set aside.
Gaikwad RD 2/4
3 I have considered the submissions so advanced and
also perused the application under Section 12 of the D.V.Act which
is at page 119 onwards in the paper-book. In the said application,
the respondent No.2 herein/an aggrieved person has made
averments regarding commission of domestic violence on her by
respondents therein i.e. present applicants. She has alleged about
the fact that she is in domestic relationship with applicants herein.
The application reflects commission of domestic violence while in
domestic relationship with present applicants and, therefore, other
aspects of the matter pails into insignificance.
4 At this juncture, it cannot be said that so-called
adulterous relationship is a factor which requires quashing of the
proceedings under the D.V.Act. It is a mere allegation which is not
proved before any Court of law and moreover, that cannot be a
ground of quashing the proceedings under the D.V.Act. One of the
cited contention that the relationship were cordial cannot be
accepted in the wake of averments in the proceedings under the
Gaikwad RD 3/4
5 No case for interference at the hands of this Court is
made out. The application is, therefore, rejected.
by Raju D.Gaikwad
Gaikwad RD 4/4