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2024 Supreme(Bom) 372

A. S. CHANDURKAR, JITENDRA JAIN
Nikheelchandra Anil Zode – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S.R. Nargolkar, Arjun Kadam, Neeta Patil.
For the Respondents: Sagar Kasar, Amol Wagh, Chaitali Bhogle, Namdeo Laxman Tarade.

JUDGMENT :

JITENDRA JAIN, J.

1. With consent, heard finally at the admission stage. These two writ petitions are heard together since both are based on same cause of action and are therefore disposed of by common order. Writ Petition No. 2762 of 2023 is filed by the Petitioner-Husband seeking quashing of First Information Report (FIR) dated 9th July 2023 filed against him by Respondent No. 1 on a complaint from Respondent No. 2-Wife. Writ Petition No. 2763 of 2023 is filed by the relatives being mother, brother and sister of the Petitioner in Writ Petition No. 2762 of 2023 praying for quashing of the very same FIR filed against them.

2. Facts relating to Writ Petition No. 2762 of 2023 are discussed for adjudication of the issue raised before the Court.

3. Narrative of relevant events:

    (i) The Petitioner and Respondent No. 2 are husband and wife, who are married since February 2018. They met each other through “Jeevansathi” matrimonial site. Petitioner is working as Provident Fund Commissioner at Pune and Respondent No. 2 is a judicial officer presently at Tasgaon Court.

(ii) It is alleged in the FIR by Respondent No. 2 that after marriage, the Petitioner refused to have a conjugal relati

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