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2017 Supreme(Bom) 504

ANOOP V.MOHTA, RAVINDRA V.GHUGE
Natrajan Sundaresan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Gaurav Palkar I/by Mr. Prasad Kulkarni & Associates
For the Respondent:Mr. J. P. Yagnik, APP, Mr. Makrand Kale, Advocate

JUDGMENT :

Anoop V. Mohta, J.

1. The Petitioner-husband has filed this Petition for quashing and setting aside FIR bearing No. 282/2012, registered under Section 498A, 323 and 504 of Indian Penal Code (IPC) with Yerwada Police Station, Pune in the following background: During December, 1993 the Petitioner (husband) met Mrs. Shad Natrajan (nee Masrour) (the wife) (Respondent No.2) who is a Muslim of Iranian origin. They got married in London, U.K. The marriage was registered at Ealing Registration District in UK. In 1994, the Petitioner and Respondent No.2 came back to India after the marriage. They have a daughter (15 years) and a son (10 years) from this wedlock.

2. On 5th June, 2012, the Petitioner returned home early and to his utter shock, dismay and disbelief, he caught the wife and Mr. Navjeet Sharma committing adultery. On 18th June, 2012, ironically, instead of taking any action against the wife and her paramour, the Police registered the impugned FIR bearing FIR No. 282/12 under sections 498A, 323 and 504 of IPC against the Petitioner in Yerwada Police Station, based on a complaint filed by the wife. On 27th August 2012, the learned Sessions Court confirmed the interim Antici































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