SANGITA W/O ASHOK BHUKTAR Vs. THE STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Sangita W/O Ashok Bhuktar
THE STATE OF MAHARASHTRA
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S.S. Shinde, J. -
(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of parties. This application is filed with the following prayer:-
"B. The FIR bearing Crime No. I-377/2016 registered at Police of City, Hingoli Under Section 498-A, 323, 504 r/w 34 of I.P. Code against the petitioners be kindly quashed and set aside further with a direction to quash and set aside all other proceedings taken-up on the basis of the said FIR"
(2.) Learned counsel appearing for the applicants, submits that there is delay in lodging the FIR. The FIR is filed after the husband of respondent No.2, Mr. Prashant Bhagat has filed petition for dissolution of marriage. He submits that even if the allegations in the FIR are considered in its entirety, the alleged offences are disclosed.
(3.) He further submits that though the applicant No.3 in Aadhar Card is shown as resident of Buldana, he is a practicing advocate at Aurangabad. He submits that the applicant Nos. 1,2,4,5,6,7,8,9,10 to 12 are residing separately and in the matrimonial home of respondent No.2. He submits that even the married sister of the husband are made accused. There are general allegations in the FIR without attributing any overt act, qua each of the applicants. There are no dates of incident mentioned in the FIR and on such omnibus allegations, there are bleak chances of conviction of the applicants. Therefore, further continuation of the proceedings based upon the crime No.I-377/2016, will be an exercise in futility and abuse of process of law. Therefore, he submits that this application may be allowed.;
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