Rahul S/O Vijay Kharche And 2 ... vs State Of Mah. Thr. Pso Murtijapur ...
2021 Latest Caselaw 3584 Bom

                                                    1               4-J-APL-328-21.odt

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

             CRIMINAL APPLICATION (APL) NO. 328 OF 2021

 1. Rahul s/o Vijay Kharche,
    Aged about : 31 years,
    Occ : Private Service,
    R/o Murtijapur, Tah. Murtijapur,
    District Akola.

 2. Rekha w/o Vijay Kharche,
    Aged about : 58 years,
    Occ : Household,
    R/o Murtijapur, Tah. Murtijapur,
    District Akola.

 3. Vijay s/o Purushottam Kharche,
    Aged about : 69 years,
    Occ : Retired,
    R/o Murtijapur, Tah. Murtijapur,
    District Akola.                                          ... APPLICANTS

                               VERSUS

 1. State of Maharashtra,
    Through Police Station Officer,
    Murtijapur City, Tah. Murtijapur,
    District Akola.

 2. Vrushali w/o Rahul Kharche,
      Aged about : 25 years,
      Occ. : Household,
      R/o Ahmad Gaon, Tah. Bodwad,
      District Jalgaon.                                       ... NON-APPLICANTS
 -------------------------------------------------------------------------------------------
 Shri M. P. Kariya, Advocate for applicants.
 Shri S. P. Deshpande, Additional Public Prosecutor for Non-
 applicant No.1-State.
 Shri Y. B. Mandpe, Advocate for Non-applicant No.2.
 -------------------------------------------------------------------------------------------
                                CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.

DATED : 25/02/2021.

2 4-J-APL-328-21.odt

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 challenged registration

of First Information Report No.360/2018 registered against the

applicants for the offences punishable under Sections 498-A, 323,

504 and 313 r/w Section 34 of the Indian Penal Code and Sections

4 and 7 of the Dowry Prohibition Act, 1961.

4. The First Information Report came to be registered

against the applicants with the accusations that the applicants

treated the non-applicant No.2 with cruelty on the ground of non-

payment of dowry.

5. The applicants have, therefore, challenged

registration of First Information Report by way of present

application. During pendency of present application, the applicant

No.1 and the non-applicant No.2 have mutually resolved their

dispute. The non-applicant No.2 has filed affidavit stating that she

3 4-J-APL-328-21.odt

has no objection for quashing of First Information Report

registered against the applicants.

6. We have carefully considered the content of First

Information Report. Since the offences alleged against the

applicants are personal in nature, we do not find any impediment

in quashing and setting aside the First Information Report and the

charge sheet registered against the applicants.

7. We, therefore, pass the following order :-

First Information Report No.360/2018, Charge

Sheet No.156/2019 and Regular Criminal Case

No.183/2019 pending on the file of Judicial

Magistrate First Class, Murtijapur are quashed and

set aside.

8. Rule is made absolute accordingly.

                      JUDGE                       JUDGE

 Choulwar