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2015 Supreme(SC) 857

DIPAK MISRA, PRAFULLA C.PANT
Shalini – Appellant
Versus
Kishor – Respondent


Judgment :

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 30.3.2010, passed by the High Court of Judicature at Bombay, Nagpur Bench, in Criminal Writ Petition No. 37 of 2008 (Reported in 2010 (4) AIR Bom R 497) whereby said Court has allowed the writ petition, and quashed the Misc. Criminal Complaint Case No. 314 of 2007 filed under Sections 12, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005') pending in the Court of Judicial Magistrate, First Class, Court No. 5, Amravati.

2. Heard learned counsel for the parties and perused the papers on record.

3. Brief facts of the case are that the appellant got married to respondent No. 1 on 8.5.1990. From the wedlock, respondent No. 3 Shantanu was born on 24.2.1991. It is pleaded by the appellant that her husband (respondent No. 1) drove her away from her matrimonial house in 1992, whereafter she started living in her maternal uncle’s house at Shamnagar, Amravati. She filed application for maintenance in the year 1994, and in said proceedings Rs.1800/- p.m. were directed to be paid by respondent No. 1 to her, for herself and her minor son. It appears that respondent









































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