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2021 Supreme(Bom) 385

S.S.SHINDE, N.J.JAMADAR
Sau. Mangala Ramdas Medhane – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. J.P. Yagnik, APP
For the Respondent: Mr. Sachin Gite

JUDGMENT :

N.J. JAMADAR, J.

1. Rule. Rule made returnable forthwith and, with the consent of the counsels of the parties, heard finally.

2. This petition under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure Code, 1973 (‘the Code’) is preferred to quash and set aside the FIR No. 274 of 2019, registered with Niphad Police Station, Nashik for the offences punishable under sections 323, 498-A, 504 and 506 read with 34 of the Indian Penal Code, 1860 (‘the Penal Code’), lodged at the instance of respondent No.2-frst informant.

3. The background facts leading to this petition can be summarized as under :-

    (a) The marriage of Mrs. Rohini Vikas Matale (hereinafter referred to as 'the first informant’) was solemnized with Vikas Balasaheb Matale, who is an Advocate, by profession, on 18th June 2018. Petitioner Nos.1 to 5 and 7 claimed to be the relatives of Vikas. Petitioner No.6 is the friend of Vikas. The petitioners have been arraigned alongwith Vikas, his parents and brothers.

(b) The gravamen of indictment against the accused is that, within weeks of the marriage, there was marital discord as the first informant noticed that the accused No.1 used to

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