2024:BHC-AS:4458 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1173 OF 2015

1] ANITA SUDAM AHIRE

2] SUDAM HAUSIRAM AHIRE ..APPLICANTS VS.

THE STATE OF MAHARASHTRA AND ANR. ..RESPONDENTS ------------

Adv. Sudip Mallick a/w Adv. Farzana Khan a/w Adv. Harshad E. Palwe for the Applicants.

Mr. A.R. Patil, APP for the State.

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CORAM : M. S. KARNIK, J.

DATE : JANUARY 03, 2024

JUDGMENT:

1. By this application under Section 482 of the Code of Criminal Procedure (hereafter referred to as “Cr.P.C.”), the challenge by the applicants is to the order dated 15/11/2007 and consequently for quashing the complaint instituted by respondent No.2 before the Court of Metropolitan Magistrate, 49th Court, Vikhroli, Mumbai.

2. The facts of the case, in brief, are as under:

(a) Applicant No.1 is the second wife of respondent No.3. Applicant No.2 is the father of applicant No.1. It is alleged that respondent No.3 (hereafter referred to as “husband”)

married respondent No.2 (hereafter referred to as “first wife”) on 15/03/1990. Three daughters were born from the wedlock. The first wife was ill-treated by the husband and therefore, she left the matrimonial ho