Ajay S/O Shivkumar Yadav And 3 ... vs State Of Maharashtra, Thr Pso Ps ...
2021 Latest Caselaw 2883 Bom

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

                CRIMINAL APPLICATION (APL) NO. 17 OF 2021

  1. Ajay S/o Shivkumar Yadav,
     Age 29 years, Occ Private Service,
     R/o. Plot No. 16, Kapil Nagar,
     Nagpur.
     (Original Complainant)

  2. Dinesh S/o. Basantlal Yadav,
     Age 39 years, Occ. Private Service,
     R/o. Ramai Nagar, Nagpur
     (Accused No. 1)

  3. Sundresh S/o Basantlal Yadav,
     Age 41 years, Occ. Private Service,
     R/o. Ramai Nagar, Nagpur.
     (Accused No. 2)

  4. Shivprasad S/o. Swaminath Yadav,
     Age 42 years, Occ. Private Service,
     R/o. Ramai Nagar, Nagpur
     (Accused No. 3)                                                    . . . APPLICANTS

                         ...V E R S U S..

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

 ------------------------------------------------------------------------------------------------
 Shri A. S. Thotange, Advocate h/f. Shri A. C. Jaltare, Advocate for
 applicants.
 Shri T. A. Mirza, A.P. P. for non-applicant/State.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 12.02.2021

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

1. Heard.

2. Rule. Rule is made returnable forthwith.

3. The Informant (applicant no. 1) and the accused (applicant

nos. 2 to 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. 2 to 4 vide Crime No. 324/2020

with the non-applicant -Police Station for the offences punishable

under Sections 323,325,506 and 34 of the Indian Penal Code be

quashed. According to the applicants, they are relatives and the

matter is amicably worked out and the Informant and the accused

intend to maintain good relation.

4. The Criminal Application is supported by the affidavits of

the applicant no. 1(Informant) and the applicant no. 2(accused). The

First Information Report is registered on 20.07.2020. The

investigation is at initial stage inasmuch as charge-sheet is not filed.

5. Considering the facts of the case and as the applicant no. 1-

Informant is not interested in prosecution of the applicant nos. 2 to 4-

accused, in our view keeping the criminal proceedings against the

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applicant nos. 2 to 4 would not serve any fruitful purpose and we

deem it fit to exercise the powers under Section 482 of the Code of

Criminal Procedure.

6. Hence, the following order:-

The First Information Report registered against the

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

No. 324/2020 is quashed.

Rule is made absolute accordingly.

                             JUDGE                                          JUDGE




RR Jaiswal