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Bombay High CourtAPL/660/2015other disposed off

Sanappa Bhagwan Huwale And ORS v. Vaijayanti Sanappa Huwale And ANR

2015-07-13Hon'Ble Shri Justice M.L. Tahaliyani2 pages

10_apl_660_2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 660 OF 2015 Sanappa Bhagwan Huwale & Ors.

...Applicants

Versus

Vaijayanti Sanappa Huwale & Anr.

...Respondents

------ Mr. A.M. Savagave for the Applicants.

Mr. V.B.K. Deshmukh, APP for Respondent No.2-State. CORAM:-M.L. TAHALIYANI, J.

DATED :13th JULY, 2015.

P.C.

Admit. Heard finally.

2.

Heard learned Advocate for the Applicants and learned APP for Respondent No.2-State.

3.

The learned Magistrate had issued show cause notice to the Applicants in a case under Protection of Women from Domestic Violence Act (hereinafter referred to as 'the Act'). The Applicant No.1 is husband of Respondent No.1 and rest of the Applicants are family members of the Applicant No.1.

megha Page No.1 of 2

10_apl_660_2015.doc 4.

Learned Advocate for the Applicants prays for quashing of the proceedings pending before the Magistrate. 5.

In my view the Applicants shall file reply before the Magistrate to satisfy the Magistrate that there is no case under the Act. If their plea is dismissed by the learned Magistrate then the Applicants may move this Court for quashing the proceedings. This application is prematured.

6.

The application stands disposed of accordingly. (JUDGE) megha Page No.2 of 2