1 apl780.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.780 OF 2017
1. Sambhaji s/o. Shivaji Shirke,
Aged about 30 years, Occ.
Agrilst.
2. Nitin s/o. Chandrapalsingh Rajput,
Aged about 35 years, Occ.
Agrilst.
3. Sachin s/o. Chandrapalsingh Rajput,
Aged about 32 years, Occ. Agrilst.,
Nos. 1 to 3 r/o. Warkhed, Tq.
Malkapur, Distt. Buldana.
4. Ramdas s/o. Arun Dhose,
Aged about 32 years, r/o.Sanpudi,
Tq. Nandura, Distt. Buldana. .......... APPLICANTS
// VERSUS //
1. State of Maharashtra,
Through P.S.O., Malkapur
(City), Distt. Buldana.
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2. Priyanka Rajabhau Deshmukh
@ Priyanka w/o. Sambhaji
Shirke, Aged about 22 years,
Occ.Household, r/o. At & Post
Bharmod, Tq.Daryapur,
Distt. Amravati. .......... RESPONDENTS
____________________________________________________________
Mr.Mahesh Rai, Adv. for the Appellant.
Mr.V.A.Thakare, A.P.P. for the Respondent/State.
____________________________________________________________
CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 25th January, 2018.
ORAL JUDGMENT (Per R.K.Deshpande, J) :
1. The Criminal Application is admitted and heard finally by the consent of the learned Counsel appearing for the parties.
2. Undisputedly, Mr.Ram Karode, learned Counsel appears for the respondent no.2 on the basis of Vakalatnama executed by her. Today, an affidavit dt.23.1.2018 is filed by the respondent no.2 through another Counsel Ms Sonali B. Khobragade. However, no ::: Uploaded on - 30/01/2018 ::: Downloaded on - 31/01/2018 01:18:37 ::: 3 apl780.17.odt objection from Mr.Ram Karode has not been obtained for engaging another Counsel and this is what the grievance made before this Court. Mr.Ram Karode, learned Counsel does not have any objection if he is discharged from the proceedings. We asked a specific question to the respondent no.2, who is personally present before the Court and identified by Learned Counsels Mr.Ram Karode as well as Ms Khobragade as to whether she wanted to continue Mr.Ram Karode. She submits that she has no objection for discharge of Mr.Ram Karode as her Counsel. Hence, Mr.Ram Karode, learned Counsel is discharged.
3. Applicant no.1 Sambhaji s/o. Shivaji Shirke is personally present before this Court and identified by the learned Counsel Mr.Mahesh Rai. Respondent no.2 Priyanka Rajabhau Deshmukh appearing in person submits that she has filed the affidavit today and she does not want to co ntinue with the prosecution instituted at her instance against all the applicants for the offences punishable under Sections 420, 366, 504, 506 r/w. Section 34 of the Indian Penal Code at Police Station, Malkapur (City), District Buldana on 7.9.2017. She admits to have lawfully married the applicant no.1 Sambhaji Shivaji Shirke. In view of above, this application is ::: Uploaded on - 30/01/2018 ::: Downloaded on - 31/01/2018 01:18:37 ::: 4 apl780.17.odt allowed. We quash and set aside the F.I.R. No.429 of 2017, dt.7.9.2017 registered at Police Station, Malkapur (City), District Buldana against all the applicants for the offences punishable under Sections 420, 366, 504, 506 r/w. Section 34 of the Indian Penal Code.
No order as to costs.
JUDGE JUDGE [jaiswal] ::: Uploaded on - 30/01/2018 ::: Downloaded on - 31/01/2018 01:18:37 ::: 5 apl780.17.odt ::: Uploaded on - 30/01/2018 ::: Downloaded on - 31/01/2018 01:18:37 :::