Harshada D/O Bhimrao Badade v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL WRIT PETITION NO. 872 OF 2016 HARSHADA D/O BHIMRAO BADADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for petitioner: Mr. V.R. Dhorde APP for Respondent/State:Mr.M.M. Nerlikar Advocate for respondent no.3: Mr.M.S.

Shaikh ...

CORAM: S.S.SHINDE & SANGITRAO S. PATIL, JJ.

Dated: October 05, 2016 ...

Rule. Rule made returnable forthwith.

By the consent of the learned counsel appearing for the parties, heard finally.

2.

This Petition seeks exception to the F.I.R.

bearing C.R.

No.I-90/2016 registered on 24.06.2016 with Kopargoan City Police Station for the offences punishable under Section 498-A, 323, 505, 506 read with section 34 of the Indian Penal Code qua the petitioner.

3.

Heard the learned counsel appearing for the petitioner, the learned A.P.P.

appearing for the Respondent/State and the learned counsel appearing for Respondent No.2. We have perused the pleadings in the Petition and annexures thereto.

4.

So far role of the present petitioner is concerned, there are general allegations of illtreatment. There are no specific dates or overt acts attributed to the petitioner. So far alleged incident dated 24th June, 2016 is concerned, the petitioner is no way concerned with the said alleged incident.

The petitioner got married on 9th May, 2015 and residing at Pune. It is also contended by the learned counsel appearing for the petitioner that even prior to her marriage, she stayed at Pune for prosecuting five years law course.

5.

In the light of discussion hereinabove, further continuation of proceedings based upon the F.I.R.

bearing C.R. No.I-90/2016 registered with Kopargoan City Police Station qua the petitioner will be abuse of process of

law and hence the same stands quashed and set aside confined to the petitioner only.

6.

The Petition stands disposed of accordingly. The Rule made absolute accordingly.

(SANGITRAO S.PATIL, J) (S.S. SHINDE, J) sga/