Sau. Malti W/O Shrikant Patil(Khotale) And ANR. v. Sau. Swati Harshad Patil

2025:BHC-NAG:3195 901 crwp232.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.232 OF 2025 Malti Shrikant Patil (Khotale)and another Vs. Swati Harshad Patil __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

None for petitioners.

CORAM : M.W. CHANDWANI, J.

DATE : 26.03.2025.

1.

Nobody appears on behalf of petitioners even on second call. The learned counsel for the petitioners had already argued on last date.

2.

By the writ petition, the quashing of domestic violence proceedings bearing Misc. Criminal Case No.1434/2023 has been challenged in this writ petition. 3.

The contention is that the petitioners, who are fatherin-law and mother-in-law of the respondent never resided with the respondent except for 2 to 3 days in initial period. The vague allegations are made against the petitioners and therefore the domestic violence complaint under Protection of Women from Domestic Violence Act, 2005 is not maintainable against the petitioners.

4.

Perusal of complaint filed by the respondent before the learned Chief Judicial Magistrate, Akola reveals that she has claimed the relief against the present petitioners alleging

901 crwp232.25.odt that they have withhold the gold ornaments/Stridhana of the respondent. Apart from prayer of maintenance, she has prayed for custody of Stridhana and gold ornaments against husband and the petitioners. The respondent has also prayed for compensation of Rs.30,00,000/- towards mental and physical harassment against the present petitioners. The domestic violence complaint also contend the instances of alleged harassment by petitioners; therefore, no case is made out for issuance of notice. Hence, petition is dismissed. JUDGE Wagh