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2021 Supreme(Bom) 752

ROHIT B.DEO
Sumit – Appellant
Versus
Sou. Shradha – Respondent


Advocates appeared:
R.R.Vyas, Advocate, S.S.Paliwal, Advocate, S.V.Sohoni, Advocate, S.S.Doifode, Advocate

JUDGMENT

ROHIT B.DEO,J. - Rule. Rule made returnable forthwith.

2. With consent, the petition is finally heard at the admission stage.

3. During the course of hearing, the learned counsel for respondent 1 - wife points out certain dates and events, which render the maintainability of the petition extremely contentious.

4. The challenge in this petition is to the institution of application 336/2015 under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short 'D. V Act') and the order dated 25-2-2015 rendered by the learned Magistrate of issuing notice to the petitioners.

5. Petitioner 1 is the husband, petitioners 2 and 3 are the parents-in-laws and petitioners 4 and 5 are the brother-in-law of the respondent 1 and his wife respectively.

6. Proceedings under the D.V Act are filed on 24-2-2015 and the learned Magistrate issued notice.

7. On 17-4-2015, petitioners 2 to 5 preferred an application seeking their deletion.

8. The petitioners filed this application under Section 482 of the Code of Criminal Procedure, 1973 (Code) on 16-6-2015 in which the only prayer was that the proceedings under the D.V Act be quashed.

9. The petitioners amended the petition

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