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2020 Supreme(Bom) 1406

T.V.NALAWADE, M.G.SEWLIKAR
Shyamsundar S/o Haribhau Wagh – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. B. Sandanshiv
For the Respondent: S. D. Ghayal, APP, Smt. Satyabhama R. Awad

JUDGMENT :

M. G. SEWLIKAR, J.

1. By this petition under Articles 226 and 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, the petitioner has sought quashing of the First Information Report (FIR) No.570 of 2019 registered with Cidco Police Station, Aurangabad, under charge-sheet after investigation.

2. The petitioner is an Advocate practicing at Aurangabad. The informant (respondent No.2 herein) lodged FIR on 25-9-2019, alleging therein that she had engaged the petitioner as her Advocate for instituting a suit for declaration of civil death of her husband, who left the house on 27-7-2011 and did not return since then. She has also filed a civil suit against her parents-in-law at Buldana and has also filed application under the Protection of Women from Domestic Violence Act, 2005. The entire litigation is looked after by the petitioner. In the month of February 2017, the petitioner started texting ‘good morning’ and ‘good night’ messages to the respondent No.2. On the Valentine Day, he proposed her by making video call. The respondent No.2 informant did not respond to his advances. The petitioner is a married man and the respondent No.2 is also a

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