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2024 Supreme(Bom) 504

A. S. GADKARI, NEELA GOKHALE
Amol Bhagwan Nehul – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Abhang Suryawanshi i/b Mr. Narayan Rokade for the Petitioner; Smt. Anamika Malhotra, Addl.P.P. Mr. Mahindra Deshmukh, for the Respondent.

JUDGMENT

Dr Neela Gokhale, J. - Rule. Rule made returnable forthwith. With the consent of all parties, the Petition is heard finally.

2. The Petitioner seeks quashing and setting aside of C. R. No.490 of 2023 dated 31st July 2023 registered at Karad Taluka Police Station, Satara, for the offense punishable under Sections 376, 376(2)(n), 377, 504 & 506 of the Indian Penal Code, 1860 ('I.P.C.'). During pendency of the Petition, charge-sheet was filed by the Police officials on 26th September 2023 in the proceedings in R.C.C. No. 378 of 2023 pending before the Additional Sessions Judge at Karad. The Petitioner was given liberty to amend the Petition to challenge the proceedings which accordingly are also now assailed.

3. Mr. Abhang Suryawanshi, learned counsel appears for the Petitioner. Mr. Mahindra Deshmukh, learned counsel appears for the Respondent No. 2 and Smt. Anamika Malhotra, learned Addl. P.P. represents the State. Perused entire record produced before us.

4. It is the case of Respondent No. 2 ('Complainant') that, she has obtained Khulanama from her husband as per the practices of Muslim Religion. Her parents expired in 2021 during the Corona Pandemic. She resides with her four

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