Dilip S/O Bhaurao Wakde vs The State Of Maharashtra, Through ...
2016 Latest Caselaw 2404 Bom

                                                                                                               apl.837.15+
                                                                 1




                                                                                                                   
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT NAGPUR, NAGPUR.
                                                 ...

CRIMINAL APPLICATION (APL) NO. 837 /2015 & CRIMINAL APPLICATION (APL) NO. 50 /2016

Cri. APL.NO. 837/2015:

Jaykumar s/o Muthyalu Patta Aged about 52 years,

Occu. Govt. Service

Ordinance Factory, Chanda Tahsil Bhadrawati Dist. Chandrapur.

                                          ig                                                       ..APPLICANT
                                        
                         v e r s u s

    1)        State of  Maharashtra

Through Police Station officer

Police Station Bhadrawati Dist. Chandrpaur.

2) Mrs. Vijaya w/o Abraham Samuel Aged about 44 years, R/o Pandhare Society Gautam nagar, Bhadrawati

Dist.Chandrapur. .. ...NON-APPLICANTS (RESPONDENTS) ...........................................................................................................................

Mr. R. M.Daga, Advocate for the applicant Ms.M.H. Deshmukh, A.P.P. for Respondent no.1 -State

Mr. Pankaj Navlani, Advocate for Respondent no.2 ............................................................................................................................ Cri. APL.NO. 50/2016

Dilip s/o Bhaurao Wakde Aged 53 years, occu: service R/o Plot No. 98, Siddeshwar Nagar Kharbi Ring Road, Nagpur. ..APPLICANT

v e r s u s

apl.837.15+

1) State of Maharashtra Through Police Station officer Police Station, Bhadrawati

Dist. Chandrpaur.

2) Mrs. Vijaya w/o Abraham Samuel Aged about 44 years, R/o Pandhare Society

Gautam nagar, Bhadrawati Dist. Chandrapur. .. ...NON-APPLICANTS (RESPONDENTS)

...........................................................................................................................

Mr. I.S.Charlewar, Advocate for the applicant

Ms.M.H. Deshmukh, A.P.P. for Respondent no.1 -State Mr. Pankaj Navlani, Advocate for Respondent no.2

............................................................................................................................

                                                         CORAM:    B.R. GAVAI &
                                                                        Mrs. SWAPNA  JOSHI,JJ . 
                                                         DATED :       6th May,  2016
       

ORAL JUDGMENT: (PER B.R.GAVAI, J.)

1. Rule. Rule made returnable forthwith. Heard the

learned counsel for the parties finally, by consent.

2. The applicant is seeking quashment of the FIR

registered vide Crime No.185/2015.

3. While issuing notice, this Court had directed that

charge-sheet should not be filed.

4. It appears that the matter has been settled between the

applicant and respondent no.2

apl.837.15+

5. Ms. Meghali Gawande, Police Sub Inspector, who is the

Investigating Officer is personally present in the Court. The learned

A.P.P. on the instructions of the Investigating Officer states that the

complainant has given a statement that she had lodged the F.I.R.

in a disturbed state of mind and she does not wish to prosecute the

complaint.

6.

Learned A.P.P. states that though the Investigating

Officer desires to file 'B' summary before the learned Judicial

Magistrate First Class, on account of the interim order passed by

this Court, 'B' summary is not filed.

7. We recall the our interim order dated 13.01.2016 and

permit the Investigating Officer to file 'B' summary.

8. Since 'B' summary is being filed, both the Applications

have served its purpose. Disposed of as such.

                    JUDGE                           JUDGE

    sahare