Prashant Dhasal And ORS v. Shraddha P. Dhasal And ANR

43-wp1831-17.doc SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1831 OF 2017 Prashant Dhasal & ors.

... Petitioners

Versus

Shraddha Dhasal & ors.

... Respondents Mr. Prosper D'Souza, i/b Mr. Rajendra Anbhule, for the Petitioiners.

Mr. K. V. Saste, APP for the State.

Mr. E. V. Sawant, for Respondent no.1.

CORAM :

RANJIT MORE & SMT. BHARATI H. DANGRE, J J.

DATE :

9th OCTOBER, 2018.

P.C.:- 1.

We have gone through the Mediation Report dated 3rd August, 2018 submitted by Mr. Rajiv Patil, the Mediator. The report shows that both the parties have expressed that they are not willing to continue the mediation process and, therefore, the mediation has failed.

2.

We heard the learned Counsel for the parties on merit. We have perused the first information report and also other documents annexed to the petition. In the first information report, the allegations are made by the complainant that the demands were raised by the Petitioner 1/2

43-wp1831-17.doc and his relatives for dowry and since she was unable to satisfy the said demands, she was subjected to physical and mental harassment. The FIR do disclose the details of the allegations and we have to accept these allegations on its face value. The narration in the complaint, prima facie, make out a case for the offence punishable under Section 498A of Indian Penal Code against the present Petitioner and therefore we are of the express opinion that this petition cannot be entertained at this stage and the relief for quashing of the same, cannot be granted.

In the aforesaid circumstances, the Writ Petition is dismissed. No order as to costs.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] by Santosh Subhash Kulkarni Date:

2018.10.12 05:03:43 +0530 Santosh Subhash Kulkarni 2/2