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Arvindbhai Prabhashankar Trivedi vs State Of Gujarat on 3 March, 2023

12. It is not in dispute that after filing the complaint, respondent no.2 never remained present before the Court. She once was remained present before the Civil Court, Page 9 of 12 Downloaded on : Tue Mar 07 20:35:28 IST 2023 R/CR.MA/2141/2016 JUDGMENT DATED: 03/03/2023 Anand to submit settlement pursis Exh.12 and pursuant to the settlement, the Civil Court vide its decree and judgment dated 12.08.2006 dissolved the marriage. After dissolution of marriage, she married to another person and since then, she is living with her husband at U.K. In such circumstances, this Court is of the considered view that inference can be drawn against respondent no.2-wife that she is not interested in pursuing the prosecution against the applicants, but keeping hanging sword on the applicants, with a view to harass them, she keeps continue the proceedings. It is necessary to refer the observations made by the Division Bench of the Bombay High Court [Vrushali Jayesh Kore Vs. State of Maharashtra (2023(1) Crime (Bombay)], Para-9 of the judgment of the Division Bench read thus:
Gujarat High Court Cites 14 - Cited by 0 - I J Vora - Full Document

Nikheelchandra Anil Zode vs State Of Maharashtra And Anr on 9 February, 2024

31. We agree with the decisions relied upon by the Petitioner in the case of Ramesh Dalal & Anr. Vs. State of Maharashtra (supra) and Vrushali Kore (supra) in support of the Petitioner's case in Writ Petition No.2763 of 2023, wherein the challenge to the FIR is made by the 24 of 25 ::: Uploaded on - 09/02/2024 ::: Downloaded on - 04/03/2024 03:09:50 ::: Tauseef 22-WP.2762.2023 & WP.2763.2023.doc relatives of the Petitioner in Writ Petition No.2762 of 2023.

Sarita Anil Zode And Ors vs State Of Maharashtra And Anr on 9 February, 2024

31. We agree with the decisions relied upon by the Petitioner in the case of Ramesh Dalal & Anr. Vs. State of Maharashtra (supra) and Vrushali Kore (supra) in support of the Petitioner's case in Writ Petition No.2763 of 2023, wherein the challenge to the FIR is made by the 24 of 25 ::: Uploaded on - 09/02/2024 ::: Downloaded on - 04/03/2024 03:09:54 ::: Tauseef 22-WP.2762.2023 & WP.2763.2023.doc relatives of the Petitioner in Writ Petition No.2762 of 2023.

Ajabrao Girmaji Bhagat And 5 Others vs The State Of Mah. Thr. Mangrulpir Ps ... on 11 April, 2023

(9) Learned counsel for the applicants relied on the decisions of this Court in cases of Sainuddin Khan s/o Sanaullah Khan and Ors. Vs. State of Maharashtra and anr., in Criminal Application (APL) No.465/2016, decided on 05.04.2018 and Smt. Vrushali Jayesh Kore Vs. State of Maharashtra and anr., in Criminal Application No.1122/2021, decided on 07.01.2023 as well as decision of Supreme Court in case of Kahkashan Kausar Alias Sonam and Ors. Vs. State of Bihar and Ors, (2022) 6 SCC 599 . There can be no dispute that if on facts the Court comes to the conclusion that the allegations are vague, actuated with malafides, then the prosecution cannot be allowed to be continued. However, there is no ratio as such to apply as each case differs on facts.
Bombay High Court Cites 8 - Cited by 0 - V G Joshi - Full Document
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