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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 891 OF 2017
1] Smt. Jyoti Vijay Gaikwad,
aged about 51 years, Occ. Service,
2] Chandan Pandharinaqth Kapse,
aged about 24 years, Occ. Student,
3] Bobby s/o Manohar Deshmukh,
aged about 22 years, Occ. Student,
4] Dinesh Dilip Kapse,
aged about 24 years, Occ. Student,
5] Rahul Vijay Gaikwad,
aged about 25 years, Occ. Student
6] Priti Vijay Gaikwad,
aged about 24 years, Occ. Student.
All R/o. New Colony, Chhaoni,
Sadar, Nagpur........ APPLICANTS
...VERSUS...
1] State of Maharashtra,
through Police Station Sadar,
Nagpur.
2] Smt. Rajani Dilip Sammi,
aged about 54 years, Occ. Service,
R/o. New Colony, Chhaoni,
Sadar, Nagpur ....... RESPONDENTS
AND
CRIMINAL APPLICATION (APL) NO. 892 OF 2017
1] Smt. Rajani w/o Dilip Sammi,
aged about 54 years, Occ. Service
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2] Ku. Latika D/o Dilip Sammi,
aged about 29 years, Occ. Student,
3] Vivek s/o Dilip Sammi,
aged about 26 years, Occ. Student,
4] Mohd. S/o. Abdul Sakib,
aged about 26 years, Occ. Private,
All R/o. New Colony, Chhaoni,
Sadar, Nagpur........ APPLICANTS
...VERSUS...
1] State of Maharashtra,
through Police Station Sadar,
Nagpur.
2] Priti w/o Vijay Gaikwad,
aged about 35 years, Occ. Private,
R/o. New Colony, Chhaoni,
Sadar, Nagpur ....... RESPONDENTS
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Ms. Rani Nitnaware, Advocate and Shri Y.K.Satpute, Advocate for
applicants in W.P. No. 891 of 2017
Shri N.S.Rao, APP for Respondent - State in W.P. No. 891 of 2017
Shri S.N.Ghodeswar, Advocate for applicants in W.P.No.892/2017
Shri V.P.Gangane, APP for Respondent No.1 in W.P. No. 892 of 2017
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 20 DECEMBER, 2017 .
JUDGMENT (P.C.)
Admit.
Learned APPs waive service of notice for respondent.
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3 apl891.17 + 892.17.odt Heard finally by consent of the learned counsels appearing for the parties.
2] In Criminal Application No. 891, the challenge is to the proceedings pending in the Court of Judicial Magistrate, First Class, Court No. 6 at Nagpur in RCS No. 950 of 2015 arising out of Crime No. 210 of 2014 for the offence registered under Sections 324, 143, 147, 149, 294 and 325 of Indian Penal Code against the applicants at the instance of non-applicant No.2 - Smt. Rajani Dilip Sammi. 3] Non-applicant No.2 has filed an affidavit dated 12th December, 2017 before this Court stating that she does not want to prosecute the applicants for the offences registered against them at her instance. The learned counsel for non-applicant No.2 submits that Non-applicant No.2 Smt. Rajani Dilip Sammi is personally present before this Court. 4] We asked the Non-applicant No.2 as to whether she desires to continue with the prosecution against the applicants. She states that the matter is settled between the parties and she is not interested in going ahead with the ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:16:16 ::: 4 apl891.17 + 892.17.odt prosecution.
5] In Criminal Application No. 892 of 2017, the challenge is to the proceedings of Regular Criminal Case No. 9294 of 2015 arising out of Crime No. 3281 of 2014 registered against the applicants for the offences punishable under Sections 294, 504, 506 and 34 of Indian Penal Code at the instance of non-applicant No.2 - Smt. Priti Vijay Gaikwad, who is the applicant No. 6 in Criminal Application No. 891 of 2017.
6] The learned counsel for the non-applicant No.2 Smt. Priti Vijay Gaikwad submits that an affidavit is filed by the non-applicant No.2 stating that she is not interested in going ahead with the prosecution against the applicants as the matter is settled. The non-applicant No.2 who is personally present before this Court submits that she does not want to prosecute the applicants in Criminal Application No. 892 of 2017.
7] In view of above, both the applications are allowed. The proceedings in Regular Criminal Case No. 950 ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:16:16 ::: 5 apl891.17 + 892.17.odt of 2015 arising out of Crime No. 210 of 2014 for the offence registered under Sections 324, 143, 147, 149, 294 and 325 of Indian Penal Code and the proceedings in Regular Criminal Case No. 9294 of 2015 arising out of Crime No. 3281 of 2014 for the offences punishable under Sections 294, 504, 506 and 34 of Indian Penal Code, pending in the Court of Judicial Magistrate, First Class, Court No. 6 at Nagpur, are hereby quashed and set aside.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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