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G. A. SANAP
Daya W/o Jalendra Khare – Appellant
Versus
State of Maharashtra – Respondent


Counsel for the Parties:
In APL No.179/2020
For the Applicants:Mr. S. V. Sirpurkar, Advocate
For the Non-Applicant No.1: Mr. S. A. Ashirgade, A.P.P.
For the Non-Applicant No.2:Mrs. D.I. Charlewar with Mr. I.S. Charlewar, Advocates
In APL No.24/2020
For the Applicants: None
For the Non-Applicants:Mr. Parvez W. Mirza, Advocate
In APL No.990/2019
For the Applicants:Mrs. Padma M. Chandekar, Advocate
For Non-Applicant No.1: Mr. S. A. Ashirgade, A.P.P.
For Non-Applicant No.2:Mr. Bhushan Dafle, Advocate
In Cri.W.P.Nos.584/22 & 585/2022
For the Petitioners:Ms. Ayushi Dangre, Advocate
For the Respondents: None

JUDGMENT

In all the above applications, filed under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”), with a prayer to quash and set aside the proceedings initiated by the non-applicant, claiming reliefs under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the D.V. Act” for short), the non-applicants have questioned the maintainability of the applications under Section 482 of the Cr.P.C.

2. Learned advocates appearing for the non-applicants in all the above matters, in order to canvas the issue of maintainability of the application under Section 482 of Cr.P.C., have placed heavy reliance on the decision of the Hon’ble Apex Court in the case of Kamatchi vs. Laxmi Narayanan, reported at AIR 2022 SC 2932. In view of challenge to the maintainability of the application under Section 482 of Cr.P.C., relying upon the decision in Kamatchi’s case (supra), I have heard learned advocates for the parties on this issue.

3. Elaborate narration of the facts of each case may not be necessary because this Court is considering the issue of maintainability of the applications under Section 482 of Cr.P.C. filed by the appli

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