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2024 Supreme(Bom) 87

M. S. KARNIK
Anita Sudam Ahire – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants : Sudip Mallick a/w Adv. Farzana Khan a/w Adv. Harshad E. Palwe.
For the State : Mr. A.R. Patil, APP.

JUDGMENT :

1. By this application under Section 482 of the Code of Criminal Procedure (hereafter referred to as “Cr.P.C.”), the challenge by the applicants is to the order dated 15/11/2007 and consequently for quashing the complaint instituted by respondent No.2 before the Court of Metropolitan Magistrate, 49th Court, Vikhroli, Mumbai.

2. The facts of the case, in brief, are as under :

    (a) Applicant No.1 is the second wife of respondent No.3. Applicant No.2 is the father of applicant No.1. It is alleged that respondent No.3 (hereafter referred to as “husband”) married respondent No.2 (hereafter referred to as “first wife”) on 15/03/1990. Three daughters were born from the wedlock. The first wife was ill-treated by the husband and therefore, she left the matrimonial home at Nashik on 10/07/2005 whereafter she started residing in Mumbai along with her father. The first wife came to know that the husband had, during the subsistence of their marriage, solemnised second marriage sometime on 09/10/2005 with applicant No.1 (hereafter referred to as “second wife”). The complaint was, therefore, filed by the first wife before the trial Court in October 2007 on the accusation that the applicant

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