Vanita Rajendra Alcorn And 3 ... vs State Of Mah. Thr. Its Pso Ps Ajni ...
2021 Latest Caselaw 2329 Bom

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

               CRIMINAL APPLICATION (APL) NO. 177 OF 2021

  1. Vanita Rajendra Alcorn,
     Aged about 53 years, Occ. Housewife
     (Informant)

  2. Bhaskar Sahadeo Shende,
     Aged about 53 years, Occ. Service
     (Accused No. 1)

  3. Pradip Kumar Paul,
     Aged about 55 years, Occ. Service
     (Accused No. 2)

  4. Bagal Chandra Dey,
     Aged about 68 years, Occ. Retired
     (Accused No. 3)

        Applicants are R/o. Laxmi Apartment,
        Plot No. 24, Near Water Tanks,
        Wanjari Nagar, Ajni, Nagpur.                                      . . . APPLICANTS

                         ...V E R S U S..

  State of Maharashtra through
  Police Station Officer,
  Police Station, Ajni, Nagpur.                                     . . . NON-APPLICANT

 ------------------------------------------------------------------------------------------------
 Shri Abdul Subhan, Advocate for applicants.
 Shri S. D. Sirpurkar, A.P. P. for non-applicant/State.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 04.02.2021

ORAL JUDGMENT (PER : Z. A. HAQ, J.) :-

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 1.             Heard.

2. Rule. Rule made returnable forthwith.

3. The First Information Report No. 4159/2014 is registered

with the non-applicant -Police Station against the applicant nos. 2 to 4

for the offences punishable under Sections 294, 506 and 34 of the

Indian Penal Code. The First Information Report came to be registered

on the report lodged by the applicant no. 1-Informant. After

conducting the investigation, charge-sheet is filed against the applicant

nos. 2 to 4 vide Summary Criminal Case No. 329207/2014 before the

learned Judicial Magistrate First Class, Nagpur.

4. Now, the Informant and the accused have approached this

Court by this application under Section 482 of the Code of Criminal

Procedure praying that the charge-sheet filed against the applicant

nos. 2 to 4 before the learned Judicial Magistrate First Class, Nagpur

be quashed as the parties have amicably worked out the matter and

the applicant no. 1-Informant is not interested in prosecution of the

applicant nos. 2 to 4.

5. Considering the nature of the accusations, which are

personal in nature and as the trial has not yet commenced, we find

3 15-apl-177-21j.odt

that there is no impediment for granting the prayer made in the

Criminal Application.

6. Hence, the following order is passed:-

First Information Report No. 4159/2014 registered against

the applicant nos. 2 to 4 with the non-applicant- Police Station and the

proceedings of Summary Criminal Case No. 329207/2014 pending

against the applicant nos. 2 to 4 before the learned Judicial Magistrate

First Class, Nagpur are quashed.

Rule is made absolute accordingly.

                JUDGE                                           JUDGE

 RR Jaiswal