(1) Cri. Appln. No. 4157 of 2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Criminal Application No. 4157 of 2016
District : Jalgaon
Choladevi @ Leena w/o. Jitendra
Chaudhari,
Age : 31 years,
Occupation : Household,
C/o. Gangadhar Janardhan Chaudhari,
R/o. Kumarwada, Viroda,
at Post Viroda,
Taluka Yawal,
District Jalgaon. ig .. Applicant.
versus
1. The State of Maharashtra,
Through Assistant Police Inspector,
Faizpur Police Station, Yawal,
Taluka Yawal,
District Jalgaon.
2. Jitendra s/o. Daulat Chaudhari,
Age : 37 years,
Occupation : Service,
R/o. Aasoda,
Taluka & District Jalgaon.
3. Kamal w/o. Daulat Chaudhari,
Age : 32 years,
Occupation : Household,
R/o. Aasoda,
Taluka & District Jalgaon.
4. Daulat s/o. Ghama Chaudhari,
Age : 37 years,
Occupation : Agriculturist,
R/o. Aasoda,
Taluka & District Jalgaon.
::: Uploaded on - 19/12/2016 ::: Downloaded on - 20/12/2016 00:25:19 :::
(2) Cri. Appln. No. 4157 of 2016
5. Sanjay s/o. Daulat Chaudhari,
Age : 42 years,
Occupation : Service,
R/o. Aasoda,
Taluka & District Jalgaon.
6. Kirti w/o. Sanjay Chaudhari,
Age : 37 years,
Occupation : Household,
R/o. Aasoda,
Taluka & District Jalgaon.
7. Pushpa w/o. Murlidhar Chaudhari,
Age : 47 years,
Occupation : Service,
R/o. Ulhasnagar,
Taluka & District Thane.
8. Murlidhar s/o. Shankar Chaudhari,
Age : 52 years,
Occupation : Service,
R/o. Ulhasnagar,
Taluka & District Thane.
9. Sheetal w/o. Sopan Barhate,
Age : 42 years,
Occupation : Household,
R/o. Khalchyaalit,
Nashirabad,
Taluka & District Jalgaon.
10. Sopan s/o. Guna Barhate,
Age : 47 years,
Occupation : Agriculture,
R/o. Khalchyaalit,
Nashirabad,
Taluka & District Jalgaon.
11. Asha w/o. Arvind Bhole,
Age : 39 years,
Occupation : Household,
R/o. Jalgaon,
Taluka & District Jalgaon.
12. Arvind s/o. Ramkrishna Bhole,
Age : 44 years,
Occupation : Agriculture,
::: Uploaded on - 19/12/2016 ::: Downloaded on - 20/12/2016 00:25:19 :::
(3) Cri. Appln. No. 4157 of 2016
R/o. Jalgaon,
Taluka & District Jalgaon. .. Non-applicants.
............
Mr. S.S. Kazi, Advocate, for the applicant.
Mr. P.N. Kutti, Addl. Public Prosecutor, for
non-applicant no.01.
Mr. Md. Waseemullah, Advocate, for
non-applicant nos.02 to 12.
............
CORAM : Z.A. HAQ, J.
ig DATE : 14TH DECEMBER 2016 ORAL JUDGMENT :
Heard learned Advocates for the respective parties.
02. Rule. Rule made returnable forthwith.
03. The applicant - complainant has challenged the order passed by the learned Magistrate rejecting the application (Exhibit No.07) filed by the applicant - complainant praying that the proceedings be dropped as the parties have amicably worked out the matter. The learned Magistrate has rejected the application observing that the first information report prima facie discloses offence punishable under Section 313 of the Indian Penal Code which is not compoundable.
::: Uploaded on - 19/12/2016 ::: Downloaded on - 20/12/2016 00:25:19 :::(4) Cri. Appln. No. 4157 of 2016
04. The learned Advocates for the applicant and the non-applicant nos.02 to 12 and the learned Addl.
Public Prosecutor for the non-applicant no.01 - State of Maharashtra, relying on the judgment passed by the Hon'ble Supreme Court in the case of B.S. Joshi & others Vs. State of Haryana & another , reported in AIR 2003 SC 1386, have submitted that the impugned order be set aside and the complaint filed by the applicant before the Magistrate be disposed / dropped.
05. Considering the proposition laid down in the above referred judgment, the following order is passed :-
(a) The impugned order is set aside.
(b) The application (Exhibit No.07) filed by the applicant - complainant before the Magistrate is allowed. The proceedings of Criminal Misc. Application No. 169/2014 filed by the complainant before the Magistrate are disposed / dismissed.
(c) Rule made absolute in the above terms. In the circumstances, the parties to bear their own costs.
( Z.A. HAQ ) JUDGE ..........
puranik / CRIAPPLN4157.16 ::: Uploaded on - 19/12/2016 ::: Downloaded on - 20/12/2016 00:25:19 :::