Reena Sunil Bhokare And Another v. Sarita Ashwin Paraskar And Others

2025:BHC-AUG:18666 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 61 CRIMINAL APPLICATION NO. 1575 OF 2025 REENA SUNIL BHOKARE AND ANOTHER ....Applicants

VERSUS

SARITA ASHWIN PARASKAR AND OTHERS .....Respondents Mr. A. R. Devakate, Advocate for the applicants CORAM : KISHORE C. SANT, J.

DATE : 15th JULY, 2025 P. C.

1.

In spite of service, none appears for the respondents. 2.

Heard.

3.

Applicant No.1 is the sister-in-law of respondent No.1 Sarita and applicant No.2 is the husband of applicant No.1. A prayer is made to quash the proceeding of PWDVA NO. 149/2024 pending before the learned JMFC, Nanded under the provision of the Domestic Violence Act.

(2) 4.

The respondent filed a complaint alleging various acts under Domestic Violence Act. Looking to the complaint, it is seen that all the allegations are against other non-applicants. There is no specific allegation made against the present applicants. No relief is also claimed against the applicants. Vague allegation is made against applicant No.1 that she instigates non-applicant No.1 and on that non-applicant No.1 i.e. husband of respondent No.1 is harassing her. This court has considered the complaint.

5.

This court is convinced that no case is made out to proceed against the present applicants. Only prayer against the applicant is that property standing in the name of all the original non-applicants be not disposed off restraining the order. Some compensation is also paid. However, once it is shown that no specific allegations are made against the present applicants, there is no question of asking of any relief. As it is free for praying any reason against non-applicants to show the act of the

(3) Domestic Violence Act. Hence, no act of domestic violence is specifically pleaded against the present applicants. 6.

This court finds it proper to quash the proceeding of PWDVA No. 149/2024 pending before the learned JMFC, Nanded to the extent of present applicants.

7.

With this, the criminal application stands disposed off.

[KISHORE C. SANT, J.] VishalK/61criapln1575.25