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2023 Supreme(Bom) 384

G. A. SANAP
Sumeet s/o Suresh Ninave – Appellant
Versus
Himani Sumeet Ninave Nee – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mrs Jyoti D. Dharmadhikari, Advocate
For the Respondent:Shri M.K. Mishra, Advocate

JUDGMENT :

1. In this criminal application, challenge is to the order dated 21.10.2022 below Exh.13 passed by the learned Additional Chief Judicial Magistrate, Nagpur whereby, the learned Additional Chief Judicial Magistrate rejected the application at Exh. 13 made by the applicant for dismissal of the proceedings initiated by the non-applicant/complainant as per the provisions of Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short “ the D.V. Act).

2. The facts are as follows:-

The applicant is the respondent in the complaint filed before the Magistrate. The non-applicant is the complainant. In this judgment they would be referred by their nomenclature in the complaint. The complainant and the respondent No.1 got married in the year 2020. The respondent No.1 on 12.12.2020 left for Germany. After getting the visa, the complainant also joined the respondent No.1. The respondent Nos.2 and 3 in the complaint are the in-laws of the complainant. According to the complainant, during her stay with the in-laws in the matrimonial home at Mumbai they used to make nasty, humiliating and insulting comments over the complainant and her parents. According to them, marri

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