Harshawardhan S/O Ramkrishna Bante v. Darshana Harshwardhan Bante

35apl403.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 403 OF 2022 Harshwardhan Ramkrishna Bante...Versus...Darshana Harshwardhan Bante - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. B.Dafle, Advocate for the applicant CORAM : AVINASH G. GHAROTE, J.

DATE : 22/03/2022 The applicant has filed the present application seeking quashing of the proceedings in Misc. Criminal Case No. 1072/22 under the provisions of Sections 12 r/w Sections 18 (a), (g) 19, 20 and 22 of the Domestic Violence Act, on the ground that the averments in the complaint do not make out a case under the D.V. Act, as the only allegation made in the application is contained in para 2 thereof (page 66), which is to the effect that the petitioner used to say that he is in the habit of keeping extra marital relations, which has caused great mental agony to the wife. However, considering the language of Section 3(a) of the D.V. Act, which contemplates even a mental harm and even an emotional abuse, in my considered opinion the statement as attributed to the applicant would squarely fall within the definition of

35apl403.22.odt Domestic Violence as contemplated by Section 3(a) of the D.V. Act, in view of which I do not find any merit in the application. The same is dismissed. No costs. JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: