Sambhaji S/O. Shivaji Shirke And ... vs State Of Maharashtra Thr. P.S.O. ...
2018 Latest Caselaw 1028 Bom

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            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

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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

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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]





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