Bombay High Court
Smt. Rajani W/O. Dilip Sammi And ... vs State Of Maharashtra Thr. Police ... on 20 December, 2017
Bench: Ravi K. Deshpande
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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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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
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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
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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
