Bombay High Court
Sunil S/O Vishnu Rathod And 3 ... vs State Of Maharashtra, Thr. Pso Ps ... on 16 February, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 Cr.APL No.185.21J
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.185 OF 2021
1. Sunil S/o. Vishnu Rathod,
Aged : 27 years, Occu. Labour,
R/o. Village Kastura, Amravati,
Tah. and District - Amravati.
2. Dinesh S/o. Pansingh Jaddhav,
Aged 28 years, Occu. Labour,
R/o. Shobha Nagar, Amravati,
Tq. and District - Amravati.
3. Ratan S/o. Avdhut Patil,
Aged 27 years, Occu. Labour,
R/o. Shobha Nagar, Amravati,
Tq. and District - Amravati.
4. Pooja D/o. Panjabrao Sanap @
Sau. Archana Panjabrao Sangle,
Aged 30 years, Occu. Labour,
R/o. Lohgaon, Tah. Nandgaon
Khandeshwar, District - Amravati,
at Present R/o. Postman Colony,
Dastur Nagar, Amravati. ....APPLICANTS
// VERSUS //
State of Maharashtra,
through Police Station Officer,
Police Station Badnera,
Dist. Amravati. .... NON-APPLICANT
Shri T. U. Tathod, Advocate for the applicants.
Shri S. P. Deshpande, A.P.P. for the non-applicant.
CORAM : Z. A. HAQ AND AMIT B. BORKAR, JJ.
DATE : 16.02.2021.
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 with
the non-applicant/Police Station vide Crime No.0559/2020 for the
offences punishable under Sections 376D, 377, 120B, 506 and 323
of the Indian Penal Code be quashed.
4. According to the applicants, the matter is amicably
worked out and the applicant No.4 (informant) does not want to
prosecute the applicant Nos.1 to 3 (accused).
5. The informant is aged about 30 years and the accused
are aged about 27, 28 and 27 years respectively. Though the
charge-sheet is filed, trial has not yet commenced. The criminal
application filed before this Court is supported by the affidavit of
the informant.
6. Considering the facts of the case, we are of the view
that keeping the criminal proceedings pending against the applicant
Nos.1 to 3 (accused) would not serve any fruitful purpose. Hence,
we deem it fit to exercise jurisdiction under Section 482 of the of
the Code of Criminal Procedure.
7. Hence, the following order :-
The First Information Report registered against the
applicant Nos.1 to 3 (accused) with the non-applicant-Police
Station vide Crime No.0559/2020 for the offences punishable under
Sections 376D, 377, 120B, 506 and 323 of the Indian Penal Code
and consequent charge-sheet filed before the Trial Court and
registered as Sessions Case No.7/2020 pending before the Sessions
Court are quashed.
The amount of Rs.30,000/- (Rs. Thirty Thousand Only)
deposited by the applicant Nos.1 to 3 with the Registry of this Court
be given to the Office of the Public Prosecutor, High Court, Bench at
Nagpur.
Rule is made absolute accordingly.
(AMIT B. BORKAR, J) (Z.A.HAQ, J)
RGurnule
