Citation : 2021 Latest Caselaw 3582 Bom
Judgement Date : 25 February, 2021
1 9-J-APL-282-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 282 OF 2021
1. Sou. Priya w/o Sachinsing Sengar,
Age about : 32 years,
Occ : Household. (Ori. Complainant)
2. Sachinsing s/o Kalyansing Sengar,
Age : 38 years,
Occ : Business. (Ori. Accused)
3. Kalyansing s/o Chhangansing Sengar,
Age : 63 years, Occ : Farmer. (Ori. Accused)
4. Sou. Chandrakanta w/o Kalyansing
Sengar, Age about : 60 Yrs.,
Occ - Household. (Ori. Accused)
All 1 to 4 R/o Indrapuri, Tah. Mouda,
Dist. Nagpur.
5. Sou. Manisha w/o Rameshsing Rathod,
Age about : 36 yrs, Occ : Household,
R/o Vitthal Nagar-2, Manewada,
Nagpur. (Ori. Accused)
6. Sou. Sarita w/o Bharatsing Thakur,
Age about : 34 yrs, Occ : Household,
R/o Near Gandhi Putla, Gandhibag,
Nagpur. (Ori. Accused)
... APPLICANTS
VERSUS
State of Maharashtra,
Through P.S.O. Mouda,
Dist. Nagpur. ... NON-APPLICANT
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Shri N. S. Giripunje, Advocate for applicants.
Ms. Mayuri Deshmukh, Additional Public Prosecutor for non-
applicant-State.
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2 9-J-APL-282-21.odt
CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 25/02/2021.
ORAL JUDGMENT : (PER : AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule made returnable forthwith.
3. By this application under Section 482 of the Code
of Criminal Procedure, the applicants have jointly filed this
application for quashing of First Information Report No.90/2017
for the offences punishable under Sections 498-A and 34 of the
Indian Penal Code.
4. The applicant No.1 is the Original Complainant /
Informant and the applicant Nos.2 to 6 are accused.
5. The applicants have stated in the application that they
have resolved their matrimonial dispute and the applicant No.1
does not want to prosecute the applicant Nos.2 to 6 in relation to
Crime No.90/2017. The application is affirmed by the applicant
No.1. The applicant No.1 is present in Court who has been
identified by the learned Advocate for the applicants.
3 9-J-APL-282-21.odt
6. We have scrutinized the contents of the First
Information Report which are personal in nature. Therefore, we
do not find any impediment in quashing First Information Report
No.90/2017, Charge Sheet No.65/2017 and Regular Criminal
Case No.165/2017 pending on the file of Judicial Magistrate First
Class, Mouda, Dist. Nagpur registered against the applicants.
7. We, therefore, pass the following order :-
First Information Report No.90/2017, Charge
Sheet No.65/2017 and Regular Criminal Case
No.165/2017 pending on the file of Judicial
Magistrate First Class, Mouda, Dist. Nagpur are
quashed and set set aside.
8. Rule is made absolute accordingly.
JUDGE JUDGE Choulwar
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