Bombay High Court
Ranbahadur S/O Gulab Singh And 5 ... vs State Of Mah. Thr. Pso Ps Kanhan ... on 23 February, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPURBENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.317/2021
1. Ranbahadur s/o Gulab Singh,
Aged about : 40 years,
Occ : agriculturalist,
R/o Village Yakubpur,
Dist. Mau, Uttar Pradesh,
Presently at Nagpur.
2. Shri Gulabsingh s/o Rajpat Singh,
About : 60 years,
Occ : agriculturalist.
3. Sau. Malti Singh w/o Gulab Singh,
Aged : 58 years, Occ. household.
4. Shri Himanshu Singh s/o Gulab Singh,
Aged : 35 years, Occ. service.
5. Shri Pankaj Singh s/o Gulab Singh,
Aged about : 45 years, Occ. business,
All 2 to 5 R/o Plot No.40, Bhupeshwar (Accused)
Nagar, Nagpur. (No.1 to 5)
6. Smt. Priyanka w/o Ranbahadur Singh,
Aged about : 39 years, Occ. service,
R/o C/o Udayprakashsingh, Qrt.
No.13/3B, Gondegaon Colony,
Post Gondegaon Colony,
Tah. Parseoni, Dist. Nagpur. (Ori. Complainant)
... APPLICANTS
VERSUS
State of Maharashtra,
Through Police Station Officer,
Police Station, Kanhan,
Nagpur. ... NON-APPLICANT
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Shri Abhishek Shukla, Advocate for applicants.
Shri N.S.Rao, A.P.P. for Non-applicant-State.
CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 23/02/2021.
ORAL JUDGMENT (PER : AMIT B. BORKAR, J.)
1. This is joint application filed by the applicant
nos.1 to 5 - accused and the applicant no.6 - Complainant by
invoking power of this Court under Section 482 of the Code of
Criminal Procedure to quash Charge-sheet No.94/2016 and
proceedings bearing Criminal Case No.234 of 2016 pending
before the Judicial Magistrate First Class, Kamptee.
2. First Information Report No.101/2016 came to be
registered against the applicant Nos. 1 to 5 with the accusations
that the applicant nos. 1 to 5 had caused mental and physical
harassment to the applicant no.6. It is further alleged that the
applicant nos.1 to 5 caused harassment to the applicant no.6 for
non-payment of dowry and, therefore, offence under Section
498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry
3 APL 317.21-3.odt
Prohibition Act were registered against the applicant nos.1 to 5.
Chargesheet came to be filed against the applicant nos.1 to 5
bearing No.94 of 2016. During pendency of said proceedings,
applicant nos.1 and 6 resolved their matrimonial disputes
amicably and it is decided that the applicant no.6 will withdraw
all allegation proceedings and complaints lodged by the applicant
no.6 against the applicant nos.1 to 5. The present application is
affirmed by the applicant nos. 1 and 6.
3. We have carefully considered the the allegations in the
Charge-sheet filed against the applicant nos.1 to 5 and we are
satisfied that the investigation allegations against the applicant
nos.1 to 4 are in personal in nature. Therefore, in view of the
judgment of the Hon'ble Supreme Court in the case of Narinder
Singh Vs. State of Punjab reported in AIR 2014 SCW 2065, there
is no impediment in quashing Charge-sheet and proceedings
initiated against the applicant nos.1 to 5. We, therefore, pass
following order:-
Order
Charge-sheet dated 15.11.2016 bearing No.94/2016
filed in pursuance of the First Information Report No.101/2016
dated 21.6.2016 and proceedings in Regular Criminal Case
4 APL 317.21-3.odt
No.234/2016 pending before the Judicial Magistrate First Class,
Kamptee are quashed and set aside.
Rule is made absolute in the above terms.
JUDGE JUDGE
Ambulkar
