Bombay High Court
Nandkishor Vinayakrao Umekar vs The State Of Maharashtra Thr. ... on 2 February, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 Cr.APL No.995.18J
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 995 OF 2018
Nandkishor Vinayakrao Umekar,
Aged about 61 yrs., Occ. : Retired,
R/o. Chincholi, Shingane,
Taluka Anjangaon Surji,
District : Amravati. ....APPLICANT
// VERSUS //
1. The State of Maharashtra,
Through Police Station Officer,
Police Station Old City Akola,
Dist. Akola.
2. Sau. Kanchan W/o Anil Umekar,
Aged about 37 years,
Occupation : Household,
R/o. Loni, Post Office Ridhora,
District : Akola. .... NON-APPLICANTS
Shri S. S. Shingane, Advocate for the applicant.
Shri N. S. Rao, A.P.P. for the non-applicant No.1/State.
Shri A. A. Pannase, Advocate (Appointed) for the non-applicant No.2.
_________________________________________________________________________________________________________________________________
CORAM : Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATE : 02.02.2021.
ORAL JUDGMENT : [PER: Z. A. HAQ, J.]
1. Heard.
2. Rule. Rule made returnable forthwith.
3. The accused has filed this application under Section
482 of the Code of Criminal Procedure praying that the First
Information Report registered against him vide Crime No.252 of
2018 for the offences punishable under Sections 354, 355, 357, 339,
504, 506 and 509 of the Indian Penal Code be quashed.
4. According to the non-applicant No.2, she had been to
the Superintendent of Police with complaint against the applicant
however, no action was taken and hence, she had filed an
application under Section 156(3) of the Code of Criminal Procedure
on which the learned Judicial Magistrate passed an order directing
the Investigating Agency to conduct enquiry and investigation in the
matter and accordingly, the First Information Report came to be
registered against the applicant.
5. The applicant is elder brother of the husband of the
non-applicant No.2. Undisputedly, various matrimonial disputes are
going on between the non-applicant No.2 and her husband and the
family members of the husband are also dragged into the litigation
by the non-applicant No.2 in proceedings under Section 498-A of
the Indian Penal Code. According to the non-applicant No.2-
Informant, when she had gone to the Court to attend some matter,
the applicant asked her to withdraw all the proceedings and on
refusal of the non-applicant No.2, the applicant abused her and
outraged her modesty. According to the Investigating Agency, the
applicant had caught hold of the hand of the non-applicant No.2-
Informant outside the Court room.
6. In response to the notice issued by this Court, the non-
applicant No.1-Investigating Agency has filed reply stating that they
have not been able to get any witness to corroborate the claim of
the non-applicant No.2 about the incident.
7. On minutely scrutinizing the matter, we are of the view
that the proceedings are taken up by the non-applicant No.2 with
vindictive approach and it does not appear to be legitimate, and the
pendency of the criminal proceedings would be an abuse of process
of Court.
8. Hence, we pass the following order :-
The First Information Report No.252 of 2018 registered
with the non-applicant No.1-Police Station against the applicant for
the offences punishable under Sections 354, 355, 357, 339, 504,
506 and 509 of the Indian Penal Code is quashed.
9. Rule is made absolute accordingly.
Fees of Shri A. A. Pannase, learned Advocate appointed
to represent the non-applicant No.2 shall be paid as per the Rules.
Criminal Application (APPP) No.241/2019.
In view of disposal of Criminal Application (APL)
No.995 of 2018, this application for grant of time to file certified
copy of order dated 09.08.2018 does not survive. Hence, it is
disposed accordingly.
JUDGE JUDGE
RGurnule
