Vinisha Sawant VS Mahendra Sawant

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A. S. GADKARI, NEELA GOKHALE
Vinisha Sawant – Appellant
Versus
Mahendra Sawant – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Advait Tamhankar
For the Respondent: Mr. Ajay Patil

JUDGMENT :

Neela Gokhale, J.

1. Petitioner seeks quashing of FIR dated 2nd January 2023 bearing No. 1 of 2023 registered with the CBD Belapur Police Station, Navi Mumbai for offences punishable under Sections 379, 406, 409, 420, 465, 467, 497, 500 and 504 of the Indian Penal Code, 1860 (‘IPC’).

2. The Petition was admitted by Order dated 6th September 2023 and the Police were restrained from filing charge sheet in the matter during the pendency of the present petition.

Respondent No.1 is duly served. Despite service, none appeared for Respondent No.1 when taken up for hearing.

3. Brief facts of the case are as follows :

3.1. The Petitioner is wife of the Respondent No.1. Respondent No.1 filed a complaint before the Judicial Magistrate First Class, Vashi bearing M.A No. 469/2021 praying for registration of FIR against the Petitioner for the offences punishable under Sections 379, 406, 420, 465, 497, 500 and 504 read with Section 34 of the IPC. Alternatively, the Respondent No.1 sought issuance of process under Section 204 of the Cr. P. C against the Petitioner and secure her presence to face charges under the aforesaid offence.

3.2. The learned Magistrate vide its Order dated 22nd November