Nihalkalandar Nadaf And ORS v. The State Of Maharashtra And ORS

31-apl-35-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 35 OF 2022 Nihal Kalandar Nadaf and Others ...Applicants vs.

State of Maharashtra and Others

...Respondents

VISHAL SUBHASH PAREKAR Mr. Satya Shettigar, for the Applicants.

Ms.Anamika Malhotra, APP for the State.

by VISHAL SUBHASH PAREKAR Date: 2022.04.29 14:35:18 +0530 CORAM :

N. J. JAMADAR, J.

DATE :

APRIL 27, 2022 P.C.:

1.

Heard the learned counsel for the applicants. 2.

The challenge in this application is to the initiation of the proceeding under the Protection of Women from Domestic Violence Act, 2005 and Rules framed thereunder.

3.

The learned counsel for the applicants submit that there are no allegations in the complaint lodged by the respondent No. 1 to make out the case of applicants having subjected the respondent No. 2 to domestic violence. In any event, according to the learned counsel for the applicants, there are no allegations against the applicants No. 2 and 4, father in law and brother in law of respondent No. 2/wife.

Vishal Parekar, P.A.

...1

31-apl-35-2022.doc 4.

Having perused the copy of the complaint annexed at Exhibit B to the application, the Court is of the view that, it would be expedient to allow the applicant Nos. 2 and 4 to approach the learned Magistrate and seek the appropriate reliefs. 5.

With the aforesaid liberty, the application stands disposed. (N. J. JAMADAR, J.) Vishal Parekar, P.A.

...2