Dr. Aashish S/O Rambhau Kubde And 3 ... vs State Of Maharashtra, Through ...
2021 Latest Caselaw 2527 Bom

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

               CRIMINAL APPLICATION (APL) NO. 705 OF 2014

  1. Dr. Aashish S/o. Rambhau Kubde,
     Aged about 43 years, Occ. Medical Practitioner,

  2. Dr. Sourabh S/o. Rambhau Kubde,
     Aged about 40 years, Occ. Medical Practitioner,

  3. Mrs. Vidya W/o. Rambhau Kubde,
     Aged about 64 years, Occ. Housewife,

  4. Dr. Miss. Vrushali D/o. Rambhau Kubde,
     Aged about 38 years, Occ. Medical
     Practitioner,

       All R/o. 175, Sharda Chowk,
       In front of Jagdamba Typing Institute,
       Old Nandanvan, Nagpur.

                                                                          . . . APPLICANTS
                           ...V E R S U S..

  1. State of Maharashtra through
     Police Station Officer,
     Police Station, Kotwali, Nagpur.

  2. Sou. Dr. Sonali W/o. Ashish Kubde,
     Aged Major, Occ. Medical Practitioner,
     R/o. C/o. Shri Punjabrao Marotrao Zade,
     Plot No. 17/A, Hill Road, Gandhi Nagar,
     Nagpur.                                                             . NON-APPLICANTS

 ------------------------------------------------------------------------------------------------
 Shri G. M. Shitut, Advocate for applicants.
 Ms. Mayuri Deshmukh, A.P. P. for non-applicant no. 1/State.
 Shri V. G. Bamburkar, Advocate for non-applicant no. 2.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 08.02.2021

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

1. Heard.

2. The First Information Report came to be registered against

the applicants on 07.04.2019 for the offences punishable under

Sections 498A, 504, 506 and 323 of the Indian Penal Code. The First

Information Report came to be registered on the report lodged by the

non-applicant no. 2. The applicant no. 1 happened to be the husband

of the non-applicant no. 2. The applicant no. 2 is brother and the

applicant no. 4 is sister of the applicant no. 1 and the applicant no. 3 is

mother of the applicant no. 1. Learned Advocate for the applicants has

pointed out that after registration of the First Information Report and

filing of consequential R.C.C. No. 69/1999 against the applicants,

petition under Section 13B of the Hindu Marriage Act, 1955 was filed

jointly by the applicant no. 1 and the non-applicant no. 2, on which a

decree came to be passed on 06.08.2000 dissolving the marriage

between the applicant no. 1 and the non-applicant no. 2 by mutual

consent. In the written submissions, the non-applicant no. 2 has

admitted the factum of passing of the decree of dissolution of the

marriage by the Family Court.

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3. In the facts of the case, we are of the view that pendency of

the criminal proceedings against the applicants would not serve any

fruitful propose, and the Regular Criminal Case is already 22 years old

and further continuance of it would amount to abuse of process of

Court.

4. Hence, the following order :-

The proceedings of R.C.C. No. 69/1999 pending against the

applicants before the learned Judicial Magistrate First Class, Nagpur

are quashed.

Rule is made absolute accordingly.

                JUDGE                                           JUDGE

 RR Jaiswal