The court emphasized the significance of actus reus and mens rea in establishing the offence of forgery and highlighted the abuse of the process of the court.

A.M. Dhavale, J.

Rule. Rule returnable forthwith. With the consent of parties, petition is taken up for final disposal at admission stage.

2. This is a petition under Article 226 of the Constitution and under Section 482, Cr.P.C., 1973 for quashing F.I.R No. 231/2016, registered against the petitioner and one person, on 10.10.2016 at Osmanpura Police Station, Aurangabad under Sections 420, 467, 464, 468, 471, 177, 181, 182 read with Section 34 of the Indian Penal Code.

3. Heard learned Advocate Mr. Gholap for the petitioner, Mrs Diggikar, learned A.P.P. for respondent No. 1 and respondent No. 2 - in person.

4. For deciding this petition, the essential facts may be stated as follows :

5. Respondent No. 3-Archana (now deleted), married to respondent No. 2-Rahul in 2009 as per Baudha religion. The couple was blessed with one daughter and had normal married life up to 2012. Thereafter, there were severe differences between their matrimonial relations, which resulted in filing of various types of litigation's. Petitioner Nishigandha Chobhe is Advocate and was representing Archana in various matters. Respondent No. 2-Rahul filed a divorce petition and also petition for restitution of conjugal rights and for custody of child in Family Court, Aurangabad. Respondent No. 3-Archana appeared in the matter through the applicant-Advocate Chobhe. In the said proceedings, relief of interim injunction was claimed by Archana under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'D.V. Act' for brevity). She produced one report submitted by her to the Protection Officer appointed under the D.V. Act. This report was sent by the petitioner by R.P.A.D. to the Protection Officer, namely Child Development Project Officer, Aurangabad. The information in this application relating to domestic violence and the reliefs claimed by Archana was filled up by Archana or her Advocate and it was signed by Archana. She also mentioned the various types of reliefs, she wanted to claim. At the end of the page, a rubber stamp having words 'Tahsildar, Aurangabad' is impressed on the letter of Protection Officer. It was not original copy but photocopy of the paper bearing stamp showing words 'Tahsildar, Aurangabad'. The postal receipt of acknowledgment showed that it was forwarded by the petitioner. These facts are not in dispute. Respondent No. 2 lodged F.I.R. dated 10.10.2016 at Osmanpura Police Station, Aurangabad alleging that by sending such application bearing stamp of Tahsildar, his wife Archana and her Advocate Chobhe (petitioner) have committed offences of forgery cheating etc. Police Inspector, Osmanpura Police Station, Aurangabad registered crime for the offences punishable under Sections 420, 467, 464, 468, 471, 177, 181, 182 read with Section 34 of Indian Penal Code. Hence this petition.

6. Respondent No. 2 and learned A.P.P. Mrs Diggikar argued that the act of the petitioner and respondent No. 3 amounts to forgery and other offences. They have misrepresented that Tahsildar had sent the said application and they have cheated the Protection Officer. Respondent No. 2 as party-in-person also made several submissions making certain allegations against the petitioner, which has no concern while deciding the present petition.

7. It is not disputed that Tahsildar was a Protection Officer till 2012. Thereafter Child Development Project Officer has been appointed as Protection Officer and Tahsildar has no role to play under the provisions of D.V. Act.

8. The only question for our consideration is whether the sending of impugned communication by respondent No. 3 through the petitioner to the Protection Officer amounts to the offences alleged or not ?

9. We find that the Tahsildar had no authority whatsoever under the D.V. Act since 2012. The explanation by the petitioner and her client is that photocopies of old form having rubber stamp of 'Tahsildar, Aurangabad' were available in photocopy centres and same was