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2018 Supreme(Bom) 1032

MANGESH S.PATIL
Suresh s/o Bajarang Zarekar – Appellant
Versus
State of Maharashtra, Through Kotwali Police Station, Ahmednagar – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.C. Darandale, Advocate
For the Respondent:Mr. A.R. Kale, APP, Mr. U.S. Malte, Advocate

JUDGMENT :

In this Writ Petition preferred under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioners are seeking to quash a proceeding initiated by the respondent no.2 herein under Section 12 of the Protection of Women from Domestic violence Act, 2005 (hereinafter the D.V. Act) pending before the Judicial Magistrate First Class, Ahmednagar bearing Criminal M.A. No. 404 of 2014.

2. The respondent no.2 has filed the said proceeding inter alia alleging that she was married to the son of petitioner nos. 1 and 2 on 14.05.2011. The petitioner no. 2 is the brother of her husband, the petitioner no.4 is the wife of the petitioner no.3 and the petitioner nos. 5 and 6 are the married sisters of her husband. It was an inter-caste marriage. After the marriage she started co-habiting with her husband in a bungalow owned by the petitioner no.1 at Ahmednagar. However, since inception the petitioners were against the marriage. They used to quarrel with her and her husband. They were insisting her to divorce him. She also narrated several incidents which had occurred on 20.05.2011 and in August-2011 wherein she was allegedly slapped by the
































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