Yogendra S/O Ramchandra Barai And ... vs State Of Mah. Thr. Pso Ps Katol ...
2021 Latest Caselaw 2332 Bom

 Judgment                                  1                               apl204.21.odt




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


                     CRIMINAL APPLICATION (APL) NO. 204/2021


 1]       Shri Yogendra S/o Ramchandra Barai,
          Aged about 41 years, Occ. Service,
          R/o. Near Suman Kirana, Janki Nagar,
          Katol, Dist. Nagpur

 2]       Mrs. Ashwini W/o Yogendra Barai
          @ Ashwini D/o Yogeshwar Bhute,
          Aged about 32 years, Occ. Private,
          R/o. C/o. Yogeshwar Bhute, Plot No. 129,
          Near Navpratibha School, Siraspeth,
          Umred Road, Nagpur

 3]       Shri Ramchandra S/o Upasrao Barai,
          Aged about 65 years, Occ. Grocery Shop,

 4]       Sau. Suman W/o Ramchandra Barai,
          Aged about 61 years, Occ. Housewife,

 5]       Shri Purushottam S/o Ramchandra Barai,
          Aged about 31 years, Occ. Private Job

 6]       Sau. Suvarna W/o Purushottam Barai,
          Aged about 28 years, Occ. Housewife,


          Nos. 2 to 6 are R/o. Janki Nagar,
          Jalalkheda Road, Katol, Tah. Katol,
          Dist. Nagpur

 7]       Shri Dharmaraj S/o Gopalrao Rokde,
          Aged about 39 years, Occ. Teacher,

 8]       Sau. Yogita W/o Dharmaraj Rokde,
          Aged about 35 years, Occ. Teacher,

          Nos. 7 and 8 R/o. 38, Swagat Nagar,
          New Narsala Road, Nagpur


 ANSARI



::: Uploaded on - 04/02/2021                     ::: Downloaded on - 06/02/2021 01:50:58 :::
  Judgment                                     2                                  apl204.21.odt




 9]       Sau. Kishori W/o Vilasrao Sambhare,
          Aged about 40 years, Occ. Housewife,
          R/o. 329, Ganga Niketan, Ujjain Road,
          Devas, Madhya Pradesh

 10]      Sau. Nitu W/o Manojrao Vaidya,
          Aged about 32 years, Occ. Housewife,
          R/o. Taka Devasthan, Ward No. 3, Kondhali


                                                                      .... APPLICANT(S)

                                        // VERSUS //

          State of Maharashtra,
          through Police Station Officer,
          Katol Police Station,
          Katol, Dist. Nagpur
                                                      .... NON-APPLICANT
  ___________________________________________________________________
                         None for the applicants
             Ms. M. Deshmukh, APP for the non-applicant - State
  ___________________________________________________________________


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

DATED : 04/02/2021

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

1] RULE. Rule made returnable forthwith.

2] Crime No. 363/2016 is registered against the applicant nos. 1

and 3 to 10 with the non-applicant - Police Station for the offences

punishable under Sections 498-A, 323, 504, 506 and 34 of the Indian Penal

ANSARI

Judgment 3 apl204.21.odt

Code. The F.I.R. is registered pursuant to the report lodged by the applicant

no. 2 who happens to be the wife of the applicant no. 1.

3] According to the applicants, the matter is amicably worked out

and the applicant no. 2 - Informant does not want to prosecute the applicant

nos. 1 and 3 to 10. The criminal application is supported by the affidavit of

the applicant no. 1 and applicant no. 2 - Informant.

4] Considering the nature of the accusations which are of personal

nature and the fact that the matter is amicably worked out, we are of the

view that no fruitful purpose would be served by keeping the criminal

proceedings pending against the applicant nos. 1 and 3 to 10.

5] Hence, the following order :-

The proceedings of R.C.C. No. 173/2016 pending against the

applicant nos. 1 and 3 to 10 before the learned Judicial

Magistrate are quashed.

Rule is made absolute in the above terms.

                   JUDGE                                    JUDGE


 ANSARI