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2021 Supreme(Bom) 679

SUNIL B.SHUKRE, AVINASH G.GHAROTE
Kalyani D/o Subhash Gandlatwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Gauri Venkatraman, Advocate, Yash Vankatraman, Advocate, Tajwar Khan, Advocate, R.B.Gaikwad, Advocate

JUDGMENT

AVINASH G.GHAROTE,J. - Heard. Rule. Rule made returnable forthwith.

2. The present petition, seeks to quash and set aside the F.I.R., dated 25/10/2017 filed by the Shanti Nagar Police Station, Nagpur in Criminal Case No.287/2017; the charge-sheet dated 26/11/2017 and supplementary charge-sheet dated 26/10/2019 as well as the report of the Child Welfare Committee dated 24/10/2017 on the complaint of the respondent no.3.

3. The facts, in so far as they are relevant to the present case, are as under :

(i) The petitioner and the respondent no.3 were related earlier as the petitioner, being sister of Sonali, erstwhile wife of respondent no.3, was the sister-in-law of respondent no.3.

(ii) The petitioner's sister Sonali was married to the respondent no.3 - Amitkumar, from which marriage, they have a son named Veer @ Virendra.

(iii) The marriage of the respondent no.3 and Smt. Sonali, came to be dissolved by a decree of divorce by mutual consent dated 16/12/2013, and under the terms of the decree for divorce, the child, Veer who was aged 2 years, at that time, was to remain with his mother Smt. Sonali, who now resides in the joint family which includes her sister (the present peti

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