High CourtsSingle Bench(2022) 04 BOM CK 0088

Sunil S/O Prabhudayal Dane And Others vs Chabbila W/O Sunil Dane

Bombay High Court · Decided on 21 April 2022

HON’BLE JUDGES
Avinash G. Gharote, J
CASE NUMBER
Criminal Application (Appeal) No. 440 Of 2022

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Judgment

5 paragraphs · 237 words

Avinash G. Gharote, J

1.

When the Court was not inclined to issue notice vis-a-vis the applicant no.1 is concerned, as there are direct allegations against the applicant no.1, the learned Counsel for the applicants, upon instructions, does not press the present application in respect of applicant no.1 – Sunil Prabhudayal Dane, the husband, in view of which, the present application insofar as the applicant no.1 is concerned, is dismissed as not pressed.

2.

Shri Patwardhan, learned Counsel for the applicants submits, that there are no allegations in the complaint filed by the respondent against the applicant nos.2, 3 and 4, who are the mother, father-in-law and sister-in-law of the respondent and the allegations are only against the applicant no.1, the husband. The marriage has taken place on 24/05/2017, the female child was born on 20/04/2018 and the respondent has left the matrimonial house on 25/12/2021. The applicant no.4 is already married, and is residing at a different place, though in the same locality of Jaripatka, considering which, issue notice only in respect of applicant nos.2, 3 and 4, to the respondent, returnable on 04/05/2022.

3.

Till the returnable date, the proceedings, as against the applicants nos.2, 3 and 4, shall stand stayed.

4.

It is made clear that the learned Judicial Magistrate First Class is not restrained in any manner from proceeding ahead with the complaint vis-a-vis the applicant no.1 – Sunil Prabhudayal Dane is concerned.