Dhananjay S/O Dadarao Thote And 3 ... vs State Of Maharashtra Thr. Pso Ps ...
2021 Latest Caselaw 2330 Bom

                                                                         1                          Cr.APL No.169.21J

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

                    CRIMINAL APPLICATION (APL) NO.169 OF 2021

  1.       Dhananjay S/o Dadarao Thote,
           Aged 33 years, Occu. - Service,
           R/o. I.U.D.P., Near Nagar Parishad
           School Katol.

  2.       Rekha Dadarao Thote,
           Aged 53 years, Occu.- House wife,
           R/o. I.U.D.P., Near Nagar Parishad
           School Katol.

  3.       Malharao Vishnuji Mahajan,
           Aged 50 years, Occu.- Agriculturist,
           R/o. Hanuman Mandir, Katol.

  4.       Pranita w/o Dhananjay Thote,
           Aged 27 years, Occupation - Household,
           R/o. C/o. Shri. Prakash Ughade,
           Post-Darwa, Tah.-Darwa, Dist.-Yawatmal....APPLICANTS


                                             // VERSUS //


           State of Maharashtra,
           Through PSO, Darwa,
           Dist. - Yavatmal.                                                        .... NON-APPLICANT

  Shri J. D. Bastian, Advocate for the applicants.
  Shri N. S. Rao, A.P.P. for the non-applicant/State.
  _________________________________________________________________________________________________________________________________


                         CORAM : Z. A. HAQ AND
                                                 AMIT B. BORKAR, JJ.

                         DATE            :       04.02.2021.

 ORAL JUDGMENT : [PER: Z. A. HAQ, J.]

  1.                     Heard.

2. Rule. Rule made returnable forthwith.

3. The accused (applicant Nos.1 to 3) and the Informant

(applicant No.4) have jointly filed this application under Section

482 of the Code of Criminal Procedure praying that the First

Information Report registered against the applicant Nos.1 to 3 vide

Crime No.245 of 2020, with the non-applicant - Police Station for

the offence punishable under Section 498-A read with Section 34 of

the Indian Penal Code be quashed.

4. According to the applicants, the matter is amicably

worked out by the parties. The terms of settlement between the

parties are reproduced in paragraph No.5 of the Criminal

Application. The Criminal Application is signed by the accused and

the informant and is supported by the affidavits of the applicant

No.4 (Informant) and the applicant No.1 (the husband of the

informant).

5. The investigation is at preliminary stage and charge-

sheet is not yet filed. Considering the facts of the case, we are of

the view that keeping the criminal proceedings pending against the

applicant Nos.1 to 3 would not serve any purpose. The accusations

against the applicants are of personal nature and there does not

appear to be any impediment in exercising the jurisdiction under

Section 482 of the Code of Criminal Procedure and quashing the

First Information Report.

6. Hence, the following order :-

The First Information Report registered against the

applicant Nos.1 to 3 with the non-applicant - Police Station vide

Crime No.245 of 2020 for the offence punishable under Section

498-A read with Section 34 of the Indian Penal Code is quashed.

7. Rule is made absolute accordingly.

                                          JUDGE                             JUDGE



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