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S. M. MODAK
Priyanka Vijay Gwalani – Appellant
Versus
Vijay Inderlal Gwalani – Respondent
JUDGMENT (ORAL)
Heard learned Advocate Dewani for the Petitioners-the Accused persons and learned Advocate for Respondent No.1-Complainant.
2. It is a matter of record that up til now no process is issued for an offence punishable under Section 500, 506 read with Section 34 of the Indian Penal Code against these Petitioners. Though the Respondent No.1 has requested the Court of 11th Additional Chief Metropolitan Magistrate, Kurla to issue process for those sections against the Petitioners, however, he has failed. The learned Magistrate as per the order dated 15th April 2023 has dismissed the complaint by taking recourse to the provisions of Section 203 of Cr.P.C. The material findings are as follows:—
“However, to my mind, complainant has failed to made out prima facie case to issue process against accused persons for the aforesaid offences. It is for the reason that whatever defamatory statements alleged to have been made by proposed accused No.1 against the complainant are made by the accused No.1 i.e. wife of the present complainant in matrimonial proceedings like divorce and other proceedings. Admittedly, impotency is one of the ground of the divorce. There is nothing on recor
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