AJABRAO GIRMAJI BHAGAT vs THE STATE OF MAHARASHTRA - 2024-02-02

O R D E R

Leave granted.

2. Heard the learned counsel for the parties and perused the relevant material.

3. For the facts recorded hereunder, we are inclined to quash the impugned proceedings arising from FIR in Crime No.831/2019 registered with Mangrulpir, District-Washim, with respect to the appellants, i.e., father-in-law, mother-in-law and brother-in-law of respondent no.2.

4. Admittedly, respondent no.2 is residing in her parental home since 2016. She had filed a divorce petition in the year 2018. In the year 2019, an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was filed by the mother-in-law, i.e., one of the appellants. At this stage, as a counter blast, the impugned FIR was lodged under Sections 498A, 504 and 506 IPC.

5. The above facts clearly indicate that the impugned proceedings are clearly malafide, initiated as a counter blast to all the previous pending proceedings.

6. The High Court has already quashed proceedings under Sections 377 and 354 of the Indian Penal Code finding no merit with respect to such offences as against the appellants and had further quashed the entire proceedings as against two sister-in-laws.

7. Accordingly, for the facts and reasons recorded above, we allow this appeal and quash the FIR in Crime No.831/2019 registered with Mangrulpir, District-Washim with respect to present appellants i.e., father-in-law, mother-in- law and brother-in-law of respondent no.2 and the proceedings pending with respect to any other accused shall continue in accordance to law.

....................,J.

(VIKRAM NATH)

....................,J. (SATISH CHANDRA SHARMA)

NEW DELHI;

FEBRUARY 02, 2024.

ITEM NO.35 COURT NO.8 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 11597/2023

(Arising out of impugned final judgment and order dated 11-04-2023 in CRLA(APL) No. 677/2022 passed by the High Court Of Judicature At Bombay At Nagpur)

AJABRAO GIRMAJI BHAGAT & ORS. Petitioner(s)

VERSUS STATE OF MAHARASHTRA & ANR. Respondent(s) ( IA No. 180312/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 180313/2023 - EXEMPTION FROM FILING O.T.)

Date : 02-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Ashok Kotangle, Adv.

Mr. Prashant R. Dahat, Adv.

Mr. Punit Yadav, Adv.

Mr. Sourabh Gupta, Adv.

Mr. T. R. B. Sivakumar, AOR For Respondent(s) Mr. Anand Dilip Landge, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv.

Mr. Aditya Krishna, Adv.

Ms. Raavi Sharma, Adv.

Mr. Sangramsingh R. Bhonsle, AOR Mr. Nrupal A Dingankar, Adv.

Ms. Samridhi S Jain, Adv.

Ms. Pushkara A Bhonsle, Adv.

Mr. Naman Sherstra, Adv.

Mr. Mahesh Jadhav, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s) also stand disposed of.

(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER

(Signed order is placed on the file.)