Yudhisthir And Others vs State Of Maharashtra And Others

Sunil B. Shukre, J

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent.

Learned counsel for the applicants submits that there is no prima facie case made out against any of the applicants inasmuch as all the applicants had admittedly stayed away from Neha and Yogesh and, therefore, it was not possible for them to subject Neha to harassment. Learned counsel for non-applicant No.2 disagrees and invites our attention to specific allegations made against all the applicants in the F.I.R.

On going through the F.I.R. carefully, we find that specific allegations of consistent harassment have been made against applicant Nos.1 to 4 and 6 by complainant Neha and considering these allegations, we are of the further view that offence punishable under Section 498A of the Indian Penal Code and other offences registered against these applicants are made out.

So far as the case of applicant No.5 is concerned, there is no specific allegation made out against him and, therefore, it is only applicant No.5 who can be granted relief in this matter. The application is, therefore, partly allowed to the extent of applicant No.5 Purushottam S/o Yudhisthir Masodkar and it is directed that F.I.R. registered against applicant No.5 Purushottam S/o Yudhisthir Masodkar be quashed and set aside.

Application filed by the remaining applicants namely, Yudhisthir S/o Vyankatrao Masodkar, Sau. Sulochana Yudhisthir Masodkar, Smt. Manorama Haribhau Kolankar, Ku. Priyanka D/o Yudhisthir Masodkar and Satyavijay Vyankatrao Masodkar is hereby dismissed.