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Priya W/O Sachinsing Sengar And 5 ... vs State Of Mah. Thr. Pso Mouda ...
2021 Latest Caselaw 3582 Bom

Citation : 2021 Latest Caselaw 3582 Bom
Judgement Date : 25 February, 2021

Bombay High Court
Priya W/O Sachinsing Sengar And 5 ... vs State Of Mah. Thr. Pso Mouda ... on 25 February, 2021
Bench: Z.A. Haq, Amit B. Borkar
                                                    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
 -------------------------------------------------------------------------------------------
 Shri N. S. Giripunje, Advocate for applicants.
 Ms. Mayuri Deshmukh, Additional Public Prosecutor for non-
 applicant-State.
 -------------------------------------------------------------------------------------------




::: Uploaded on - 01/03/2021                               ::: Downloaded on - 29/08/2021 22:02:52 :::
                                             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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