Sagar Devilal Joshi And ORS. v. The State Of Maharashtra And ORS.

1 (47)WP-3203-18.docx rkm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3202 OF 2018 Sagar Devilal Joshi & Ors.

] ..

Petitioners vs.

The State of Maharashtra & Ors. ] ..

Respondents Mr.D.G. Mishra a/w Suraj Vishwakarma i/b SRV Legal LLP for the Petitioners.

Ms.Trupti Khamkar, for Respondent No.3.

Smt.S.D. Shinde, APP for the State.

CORAM : B. P. DHARMADHIKARI & N.R.BORKAR, JJ.

DATE : 10TH DECEMBER 2019.

P.C.:

1] Heard for some time.

2] The Petitioners have claimed that Respondent No.3 has filed false case against them. Respondent No.3 appears to be keen on joining back the company of her husband and in staying with the family.

3] The FIR shows that there were demands made few months before marriage and even after marriage. Petitioner No.1 and Respondent No.3 have stayed together for few days only.

2 (47)WP-3203-18.docx 4] Learned counsel for Respondent No.3 submits that in the light of fact that parents of Respondent No.3 will not be in a position to pay any dowry, engagement was performed at Rajasthan when only Respondent No.3 and her mother were present.

5] We find some disputed questions arising for consideration. Petitioners have attempted to invite our attention to statement in Domestic Violence proceedings made by respondent No.3 that Respondent no.3 was taken to a religious place where insane persons are traditionally treated. She has stated there that she happened to meet petitioners at that place only. 6] As we find that some disputed questions arises and primafacie it cannot be said that no offence is made out, we are not inclined to intervene in extraordinary jurisdiction. We dispose of the Writ Petition with no costs.

[N.R.BORKAR, J.] [B.P. DHARMADHIKARI, J.]