Sunil Madhav Bhalerao vs. State Of Maharashtra

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. … Petitioners V/s. The State of Maharashtra & Anr. … Respondents Mr. Sarwadnya Kadtane for Petitioners. Mr. S.S. Hulke, A.P.P. for Respondent-State No.1. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ. DATE : 21st June 2023. P.C. : Issue notice to Respondent No.2, returnable on 2nd August 2023. Learned Advocate for the Petitioners is directed to supply spare copies of the Petition in the Registry within a period of two weeks from today. Stand over to 2nd August 2023. Till the next date, ad-interim relief in terms of prayer Clause (b). [ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ]

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. … Petitioners V/s. The State of Maharahstra & Anr. … Respondents NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2023.08.07 11:07:36 +0530 Mr.Sarwadnya Kadtane a/w Mr.Yash Naik, for the Petitioners. Mr.S.S. Hulke, APP for Respondent-State. Mr.D.M. Thosar, for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ. DATE : 02nd AUGUST 2023 P.C. : At the request of learned Advocate for Respondent No.2, stand over to 24th August 2023. Ad-interim relief if any, granted earlier, to continue till next date. (SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.)

Order - Status 8: Amol Diliprao Nawale Digitally signed by Amol Diliprao Nawale Date: 2023.09.04 17:50:38 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1995 OF 2023 Sunil Madhav Bhalerao & Anr. …Petitioners V/s. State of Maharashtra & Anr. … Respondents Mr. Sarwadnya Kadtane for the Petitioners. Mr. S. V. Gavand, APP for the State. Mr. D. M. Thosar i/b. Thosar & Associates for the Respondent No.2 ____________________________________ ____________________________________ CORAM : NITIN W. SAMBRE & RAJESH S. PATIL, JJ. DATED : 31 st AUGUST, 2023 P.C.: Counsel for the Petitioners assures that the brother of the Petitioner is party to the D.V. Act proceeding and shall appear before the Magistrate Court at Belapur in D. V. Act Proceeding. Since the statement is made, on instructions, the same is accepted. It appears that earlier there was a settlement between the parties i.e., Respondent-Complainant and her husband. However, the settlement terms have not materialized. As we have heard respective counsel for sometime, we deem it appropriate to adjourn the matter to next week, as a last chance, so as to enable the brother of the Petitioner, who happened to be husband of the Respondent-Complainant to make an offer of one time alimony. Stand over to 7th September, 2023. Ad-interim relief if any, granted earlier, to continue till next date. (RAJESH S. PATIL, J.) (NITIN W. SAMBRE)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1995 OF 2023 Sunil Madhav Bhalerao & Anr. ..Petitioners Versus The State of Maharashtra & Anr. ..Respondents Mr. Sarwadnya Kadtane a/w Kanchan Phatak, for the Petitioners. Mr. S. V. Gavand, APP for the Respondent/State. Mr. D. M. Thosar i/by Thosar & Associates, for the Respondent No.2. CORAM : NITIN W. SAMBRE & RAJESH S. PATIL, JJ. DATE : 7 th SEPTEMBER, 2023 P.C. If copy is not supplied to the counsel for the petitioners of reply within one week with an acknowledgment to be produced on record within said time, the defence of the respondent shall be struck of. Stand over to 5th October, 2023. Ad-interim relief, if any, to continue till then, only to the extent of the present petitioners. [RAJESH S. PATIL, J.] [NITIN W. SAMBRE, J.] Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2023.09.08 12:27:37 BALAJI GOVINDRAO PANCHAL BGP. 1 of 1

Order - Status 12: BDP-SPS-TAC BHARAT DASHARATH PANDIT Digitally signed by BHARAT DASHARATH PANDIT Date: 2023.10.09 12:12:07 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao and Anr. ….Petitioners V/s The State of Maharashtra & Anr. …..Respondents --- Mr. Yash Naik i/b Sarwadnya Kadtane for the Petitioner. Mr. S.V. Gavand, APP for the Respondent/State. Mr. D.M. Thosar i/b Thosar & Associates for Respondent No.2. ---- CORAM: NITIN W. SAMBRE & N. R. BORKAR, JJ. DATE: OCTOBER 05, 2023 P.C.:- Stand over to 26.10.2023. Interim order to continue till the next date. ( N. R. BORKAR, J. ) ( NITIN W. SAMBRE, J. )

Order - Status 14: 31-WP-1995-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao and another Petitioners WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao and another … Petitioners Versus • Mr. Sarwdnya Kadtane alongwith Mr. Akash Kotecha for the Petitioners. Mr. S.V. Gavand, APP for the State. Ms. Rupali Thosar instructed by Thosar and Associates for Respondent No.2. …...... CORAM : NITIN W. SAMBRE & N.R. BORKAR, JJ. DATED : 26 OCTOBER 2023 P.C. :- Both the parties assure that they shall be appearing before the Mediator Ms. M.M. Deshmukh, APP on 31 October 2023 at 2.30 p.m. The statement is accepted. List the Petition on 9 November 2023. ( N.R. BORKAR, J. ) ( NITIN W. SAMBRE, J. ) Kanchan P Dhuri 1 / 1

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao and anr. … Petitioners Versus The State of Maharashtra and anr. … Respondents Mr. Sarwadnya Kadtane for the Petitioner. Mr. S. V. Gavand, APP for the State. Ms. Rupali Thosar i/b Thosar and Associates for Respondent No. 2. …...... …...... CORAM : NITIN W. SAMBRE & N.R. BORKAR, JJ. DATED : 9 NOVEMBER 2023 P.C. :- As the mediation is in progress, stand over to 25 January 2024. Interim order, if any, to continue till then. ( N.R. BORKAR, J. ) (NITIN W. SAMBRE, J.)

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. …..Petitioners Vs. The State of Maharashtra & Anr. …..Respondents Mr. Sarwadnya S. Kadtane (through V.C.) for the Petitioners. Mr. Ashish I. Satpute, A.P.P. for the Respondent-State. A.P.I. Mr. Balasaheb Bhimraj Shinde, Rable Police Station present. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 5 th AUGUST 2024. P.C.:- Learned Advocate for the Petitioners on instructions submitted that, the process of mediation has failed and prayed that the Petition may be heard on merits. 1.1) At his request, stand over to 26th August 2024. Ad-interim relief, if any granted earlier, to continue till then. (DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.)

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1995 OF 2023 Sunil Madhav Bhalerao And Anr. …..Petitioners Vs. The State Of Maharashtra & Anr. …..Respondents Mr. Sarwadnya Kadtane for the Petitioners. Mr. A.I. Satpute, APP, for Respondent No.1-State. None for the Respondent No.2. CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 29 th AUGUST, 2024. P.C.:- Despite service, none appears for the Respondent No.2. Stand over to 24th September 2024. Ad-interim relief, if any granted earlier, to continue till then. (DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) NILESH SHIVGAN Digitally signed NILESH SHIVGAN Date: 2024.09.02 19:18:32 +0530

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. … Petitioners V/s. The State of Maharashtra & Anr. … Respondents Mr. Yash Naik a/w Adv. Sarwadnya Kadtane and Mr. Shakti Kolekar for Petitioners. Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Mr. D.M. Thosar i/b Thosar & Associates for Respondent No.2. P.S.I. Mr. Balaji Pawane, Rabale Police Station, Navi Mumbai, present. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : th 24 September 2024. P.C. : At the request of learned Advocate for Respondent No.2, stand over to 1st October 2024. Ad-interim relief, if any granted earlier, to continue till next date. ( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT Digitally signed by RAJESH VASANT CHITTEWAN CHITTEWAN Date: 2024.09.30 10:24:49 +0530

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. ... Petitioners V/s. The State of Maharashtra & Anr. ... Respondents Mr. Sarwadnya Kadtane for Petitioners. Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Mr. D.M. Thosar i/b Thosar & Associates for Respondent No.2. PSI Mr. Balaji Pawane, Rabale Police Station. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 3 rd October 2024. P.C. : Stand over to 24 th October 2024. 1.1) To be listed under the caption 'For Admission'. Ad-interim relief, if any granted earlier, to continue till next date. (DR. NEELA GOKHALE, J.) (A.S. GADKARI, J.) RAJESH Digitally signed by RAJESH VASANT VASANT CHITTEWAN CHITTEWAN Date: 2024.10.08 10:48:40 +0530

Order - Status 27: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1995 OF 2023 Sunil Madhav Bhalerao & Anr. …..Petitioners Vs. The State of Maharashtra & Anr. …..Respondents Mr. Sarwadnya Kadtane, for Petitioners. Mr. Ashish I. Satpute, APP, for Respondent No.1-State. Mr. D.M. Thosar, i/b Thosar & Advocates, for Respondent No.2. CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ. DATE : 24th OCTOBER 2024. P.C.:- This Writ Petition is filed for quashing of the F.I.R. bearing C.R.No. 9 of 2023 lodged at Rabale Police Station, Navi Mumbai on 4th January 2023 under Sections 323, 498-A, 504 and 506 read with 34 of the Indian Penal Code. The F.I.R. is lodged by the Respondent No.2 herein. The Petitioners are the younger brothers of her husband Gopal @ Anil. It is stated in her F.I.R. that she was married with Gopal on 21st April 2017. Her father had given her gold ornaments weighing 2.5 tola and Rs.2,00,000/- by way of cash to her husband's father. On further demands he has given 1.5 told of gold. He also gave household articles in the marriage. After the marriage, she started residing with her in-laws at village Ligdal, Taluka Amadpur, Post Telgaon, District Latur. The F.I.R. mentions that her mother-in-law did not allow her to use any article given by her father. Her husband had told her that she had no right to use those articles. She was not allowed to use Air Cooler. It is alleged that her mother-in-law did not give her sufficient food and used to make her to do all household work. It is further mentioned that Gopal's parents and both the Petitioners as well as Gopal himself suggested that the Informant and Gopal should stay at Udgir, Latur. Accordingly, she and Gopal started residing at Udgir, Latur. It is further alleged that Gopal used to ill-treat her and used to beat her. He was addicted to different vices. She became pregnant, but even then her mother-in-law and husband Gopal assaulted her. There is a general statement that because of the harassment of the family members of the husband, she had to undergo cesarean. Even at that time, Gopal did not spend any money. The F.I.R. thereafter mentions different instances particularly in respect of Gopal and his mother. There are only two references of both the Petitioners. At one instance, it is alleged that Gopal and the Petitioner No.2 Vikram had gone to their house at Udgir and had broken the iron gate and abused to her and her mother. She was also beaten up by them and then they had left. The other allegations are that her two children were sick, but then Gopal did not look after them. She called the Petitioner No.1 to inform him about this. At that time, he told her that he had no concern with informant and her children. These are the only two allegations against both the Petitioners. Otherwise the entire F.I.R. is about allegations against her husband including the allegations of his extramarital affair. We have heard Mr. Kadtane, learned counsel for the Petitioners, Mr. Satpute, learned APP for Respondent No.1-State and Mr. Thosar, learned counsel for the Respondent No.2. With consent of the parties, the matter is decided finally at this stage. Learned counsel for the Petitioners submitted that from the narration in the F.I.R. it is clear that the allegations against the Petitioners did not attract the ingredients of Section 498-A and other offences under which the F.I.R. is lodged. Learned counsel for the Respondent No.2 on the other hand relied on the F.I.R. which contains the specific instances attracting the ingredients of Section 498-A of the Indian Penal Code and the Petitioners along with his husband and mother-in-law harassed and ill-treated her. Learned APP produced investigation papers before us. Apart from the F.I.R., there is statement of the Informant's father, wherein he has mentioned the instances in which that particulars that gate was broken. However allegations against the Petitioners were only two references of Petitioner No.2 Vikram was that he was accompanying Gopal. It was alleged that for some time Informant's son was taken away and he was brought back within short time. Apart from that, there is absolutely no material against the present Petitioners. We have considered the F.I.R. and the statement of Informant's father. As we have observed, there is hardly any material against these two Petitioners. There are only general and omnibus allegations. There are no specific instances against the present Petitioners which were attracting the provisions of Section 498-A of the Indian Penal Code. In fact, the F.I.R. mentions that at the instance of the Informant's in-laws, she and her husband Gopal had started residing separately at Udgir. It clearly mentions that the Petitioners were not even residing with the Informant and her husband Gopal. 4/5 The allegations against the present Petitioners are vague. Considering this discussion, the Petitioners have made out a case for quashing of the F.I.R. and the further proceedings. Hence, the following order: ORDER (i) The F.I.R. bearing C.R.No. 9 of 2023 lodged at Rabale Police Station, Navi Mumbai on 4th January 2023 is quashed and set aside qua the present Petitioners only. (ii) The Petition is accordingly disposed of. (DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)