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2018 Supreme(Bom) 1305

BHARATI H.DANGRE
B. Balachandra Rao – Appellant
Versus
Sanjna Navneet Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Sarah Kapadia i/b. Beerta Bajwa, Adv.
For the Respondent: Mrs. A.P. Madhuri a/w. Govind Solanki, Ms. S.D. Shinde, Adv.

JUDGMENT :

1. Rule. Rule returnable forthwith. Heard by consent of parties.

2. The present Criminal Application is filed by the two applicants, who are senior citizens, aged about 73 years and 67 years of age. The jurisdiction of this Court is sought to be invoked for quashing and setting aside the process issued against them by the learned Judicial Magistrate First Class at Panvel in M.A.No.385 of 2017. The said relief is sought on the ground that the issuance of process to them is an abuse of process of the Court and it is issued for a purpose which is completely in contrast to the provisions of The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as Domestic Violence Act) and it is the specific contention of the applicants as raised in the application that they are no way concerned with the allegations that are levelled by the Respondent No.1 in the application made by her under the provisions of the Domestic Violence Act, 2005.

3. The learned counsel for the applicants Ms. Sarah Kapadia in support of the application would submit that perusal of the application filed under Section 12 of the Domestic Violence Act, 2005, which is filed by Respondent No.1,




















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