Ajay Manohar Khare And 4 Others vs State Of Mah. Thr. Pso Ps ...
2021 Latest Caselaw 1661 Bom

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

                CRIMINAL APPLICATION (APL) NO.736 OF 2020

  1.              Ajay Manohar Khare,
                  Aged about 56 years, Occ.
                  Retired,

  2.              Avinash Ajay Khare,
                  Aged about 26 years, Occ. Nil,

  3.              Shama Khare, Aged adult, Occ.
                  Household,
                  Nos. 1 to 3 are R/o. Plot No.119,
                  New Subhedar, Sudarshan
                  Colony, behind Ajanta
                  Apartment, Nagpur-440024

  4.              Roshan Lakhan Durve, aged
                  about 30 years, Occ. Private

  5.              Simi Roshan Khare, aged 28
                  years, Occ. Household
                  Nos. 4 and 5 are R/o Jammudeep
                  Nagar, Near Khadse School,
                  Nagpur                                            ....APPLICANTS


                                    // VERSUS //


  1.              State of Maharashtra,
                  through the Police Station Officer,
                  Police Station Hudkeshwar, Nagpur
                  District Nagpur


  2.              Sou. Archana Sanjay Kaikade,
                  aged about 32 years, Occ.
                  Household, R/o Plot No.128,
                  New Subhedar, Sudarshan
                  Colony, behind Ajanta
                  Apartment, Nagpur-440024                     .... NON-APPLICANTS




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  Shri S.K. Wankhede, Advocate for the applicants.
  Shri S.D. Sirpurkar, A.P.P. for the non-applicant No.1/State.
  Shri N. Deshmukh, Advocate for the non-applicant No.2.
  ______________________________________________________________________
                               CORAM : Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATE : 25.01.2021.

ORAL JUDGMENT: [PER: Z.A. HAQ, J.]

1. Heard learned Advocates for the applicants, non-

applicant No.2 and learned A.P.P. for the non-applicant No.1-State.

2. RULE. Rule made returnable forthwith.

3. By this application under Section 482 of the Code of

Criminal Procedure, the applicants/accused have prayed that the

First Information Report registered against them with the non-

applicant No.1-Police station for the offences punishable under

Sections 452, 143, 147, 149, 323, 504, 506, 427 and 34 of the

Indian Penal Code be quashed.

4. According to the applicants and the non-applicant No.2,

the matter is amicably worked out and the non-applicant No.2-

Informant is not interested in the prosecution of the applicants. An

affidavit sworn by the non-applicant No.2-Informant to the above

72 apl 736.20.odt

effect is also placed on record.

5. Considering the fact that the offences alleged against

applicants/accused are not grievous in nature and the charge-sheet

is not yet filed, in our view, no fruitful purpose would be served by

keeping the criminal case pending against the applicants.

6. Hence, we pass the following order:-

(i) The First Information Report No.82/2019 registered with

the non-applicant No.1-Police Station against the applicants is

quashed and set aside.

Rule is made absolute accordingly.

                             JUDGE                             JUDGE
manisha