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Tushar Garg And Ors vs The State Of Maharashtra And Anr on 20 February, 2020

(14)APLNo.2022018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.202 OF 2018

Tushar Garg Ors. … Applicants
Versus
The State of Maharashtra … Respondent

…..

Mr.Kiran Verma i/b. Rajeev Sawnt Associates, Advocate for the
Applicants.

Mr.S.V.Gavand, the Additional Public Prosecutor for the
Respondent No.2/State.

….

CORAM : A.M.BADAR J.

DATED : 20th FEBRUARY 2020.

P.C. :
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

proceedings.

Gaikwad RD 1/4
(14)APLNo.2022018.doc

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
(14)APLNo.2022018.doc

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

D.V.Act.

Gaikwad RD                                                          3/4
(14)APLNo.2022018.doc

5 No case for interference at the hands of this Court is

made out. The application is, therefore, rejected.

(A.M.BADAR, J.)
Raju D.

Gaikwad
Digitally signed
by Raju D.

Gaikwad
Date: 2020.02.21
11:56:30 +0530

Gaikwad RD 4/4

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