Deepak Bhagwat Gohil And Others v. The State Of Maharashtra And ANR

23criwp1133.19

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

23. CRIMINAL WRIT PETITION NO. 1133 OF 2019 DEEPAK BHAGWAT GOHIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for the Petitioners : Mr. Amit S.Savale APP for Respondent-State No. 1: Mr. R.B.Bagul Advocate for Respondent No.2 : Mr. V.B. Patil and Mr. K.H. Dongre ...

CORAM : N.R. BORKAR , J.

DATE : 11th October, 2021.

P. C. :

1.

By way of this petition, a prayer is made to quash and set aside the petition P.W.D.V.A. No. 243 of 2019, dated 05.04.2019, pending on the file of J.M.F.C., Auangabad, filed by the respondent No. 2 under the provisions of Protection of Women from Domestic Violence Act.

2.

Learned counsel for the petitioners seeks leave to withdraw the present petition in respect of petitioner Nos. 1 to 3. Petition is dismissed as withdrawn in respect of petitioner Nos. 1 to 3. 3.

As regards petitioner Nos. 4 and 5, it is submitted that they are married sisters-in-law of respondent No. 2. It is submitted that admittedly they were not residing with respondent No.2. It is

23criwp1133.19 submitted that vague allegations are made against petitioner Nos. 4 and 5.

4.

On the other hand the learned counsel for respondent No. 2 submitted that there are specific allegations against petitioner Nos. 4 and 5 also.

5.

I have perused the allegations against the petitioner Nos. 4 and 5. The allegations against the petitioner Nos. 4 and 5 are vague. It is alleged that petitioner Nos. 4 and 5 also used to torture without mentioning even a single specific incident against them. 6.

Considering the nature of the allegations against the petitioner Nos. 4 and 5, P.W.D.V.A. No. 243 of 2019 filed by respondent No. 2 as against the petitioner Nos. 4 and 5 is quashed. With this petition is disposed of in above terms. ( N.R. BORKAR ) JUDGE mahajansb/