Adesh S/O Prabhuji Gajbhiye And ... vs The State Of Maharashtra, Through ...
2017 Latest Caselaw 4200 Bom

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

                   CRIMINAL APPLICATION (APL)  NO. 176 OF 20
                                                            16
                                                               


1.     Adesh s/o Prabhuji Gajbhiye, 
       Aged about 32 years, Occupation :- Doctor,
       R/o Devdarshan Apartment, 
       Flat No. 202, 2nd Floor, Waghbil Naka, 
       Khorbandar Road, Thane (West)

2.     Poonam w/o Chandradeep Ramteke, 
       Aged about 28 years, Occupation:-Doctor,
       R/o Nisarg Nirman, B-1, Flat No.404, 4th Floor, 
       Kokane Chowk, Near Reliance Mall, Sakalagar, Pune. 

                                                                                   APPLICANTS


                                            VERSUS

1.     The State of Maharashtra, 
       through the Police Station Officer
       Hudkeshwar, Police Station, 
       Hudkeshwar, Nagpur. 

2.     Mrunali w/o Sandesh Gajbhiye, 
       Aged about 25 years,
       Occupation:- Service, R/o c/o 
       Subhash Dhambare Plot No.49, 
       Kashi Nagar, Near Hanuman Mandir, 
       Rameshwari Road, Nagpur.                                               NON-APPLICANTS


                       Mr. S.P. Sonwane, Advocate for Applicant.
                       Mr. S.A. Ashirgade, A.P.P. for State/Non-Applicant Nos 1. 


                                 CORAM :     
                                             PRASANNA B. VARALE AND 
                                                                      
                                               MURLIDHAR G. GIRATKAR, JJ . 

                                 DATE     :     07/07/2017
                                                          . 

ORAL JUDGMENET (PER: M.G. Giratkar, J)

1. The applicants have challenged charge-sheet No. 31/2016 (FIR565/2015)

pending before Judicial Magistrate, First Class, Corporation Court No.2, Nagpur.

Applicant No.1 is Doctor by profession, applicant no.2 is the sister of applicant no.1

both are married. Applicant no.1 is residing at Mumbai and applicant No.2 is

residing at Pune, they never resided at matrimonial place of non-applicant no.2.

2. It is submitted that non applicant no.2 married with brother of applicants

namely Sandesh Gajbhiye who is residing at Plot No. 97, Hudkeshwar Road,

Nilkamal Housing Society, Sai Nagar, Nagpur. Marriage of non-applicant no.2

solemnized with Sandesh Gajbhiye on 3.5.2015. She has lodged report on

19.12.2015 alleging that her husband Sandesh Gajbhiye and mother in law ill

treated her. In the last para of her report she has stated the names of applicants

also. It is also submitted that there is no specific allegations against applicants they

are not residing with their parents and brother. They are falsely implicated

therefore prayed to quash and set aside the charge sheet.

3. Non-applicant no.2 served but remain absent.

4. Heard learned counsel Shri S.P. Sonwane, he has submitted that applicant

no.1 is residing at Mumbai and non applicant no.2 is residing with here husband at

Pune. They are not concerned with allegations made by non-applicant no.2. She has

falsely mentioned their names in report. Therefore, prayed to quash and set aside

the charge sheet.

5. Perused the report lodged by non-applicant no.2. Perusal of the report shows

that she has not made any specific allegations against applicant no.1 and 2. She has

made allegations against her Husband Sandesh and Parents. Therefore, it is clear

that applicants are involved in the case without any specific allegations against

them. Hence, charge sheet filed against applicant no.1 and 2 are liable to be quash

and set aside.

Hence, we allowed the application in terms of prayer clause (i) and

quashed and set aside the charge sheet no. 31/2016 (FIR NO.565/2015) filed by

Police Station, Hudkeshwar, Nagpur, against applicant no.1 and 2 only, for the

offence punishable under section 323, 504, 498 (a), read with 34 of Indian Penal

Code.

                           JUDGE                                          JUDGE




Nandurkar