Bombay High Court
Smt. Dr. Sarita W/O Atul ... vs State Of Mah. Thr. Pso Ps Koradi ... on 25 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.124 of 2021
1. Smt. Dr. Sarita W/o Atul Vidhyarthi
@ Smt. Sarita Rai,
Aged 40 years, Occ: Medical Practioner,
R/o B 601, Swami Sadan 2, Chindwara Road,
Byramji Town, Katol Road, Nagpur.
(First Informant/Complainant)
2. Shri Manojkumar S/o Kripashank Singh,
Aged 43 years, Occ: Private,
R/o, 45 Devgiri Kunj Bajrang Nagar,
Geeta Nagar, Zingabai Takli, Mankapur,
Nagpur
(Accused No.1)
3. Sau. Vandana Sanjay Jambhulkar,
Aged about 40 years, Occ. Private,
R/o, House No.237/A, Baba Buddha Nagar,
Nagpur,
(Accused No.2)
4. Shri Pravin Marotrao Gedam,
Aged about 35 years, Occ.: Private,
R/o. WCL Road, Nr. Mata Temple, Jarikatka,
Nagpur
(Accused No.4)
5. Shri Sheikh Abdul Sheikh Shakil,
Aged about 41 years, Occ: Private,
R/o, Plot No.711, Kamgar Nagar,
Qamar Colony, Nari Road, Uppalwadi,
Jariptka, Nagpur,
(Accused No.5) ....APPLICANTS
// VERSUS //
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1. State of Maharashtra,
through the Police Station Officer,
Police Station Koradi,
District : Nagpur. .... NON-APPLICANT
Shri J.S. Chilotra, Advocate for the applicants.
Shri S.D. Sirpurkar, A.P.P. for the non-applicant/State.
______________________________________________________________________
CORAM : Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATE : 25.01.2021.
ORAL JUDGMENT: [PER: Z.A. HAQ, J.]
1. Heard.
2. Rule. Rule made returnable forthwith.
3. This is a joint application under Section 482 of the Code
of Criminal Procedure filed by the accused and the informant
praying that the First Information Report registered against the
applicant Nos. 2 to 5 at the behest of the applicant No.1 for the
offences punishable under Sections 323, 294, 354-A, 109 & 34 of
the Indian Penal Code and consequential R.C.C. No.718/2015 be
quashed.
4. According to the applicants, the incident had occurred in
the heat of moment and for the same reason, the report came to be
7 apl 124.21.jud.odt
lodged, however, now parties have amicably worked out the matter
and the applicant No.1 does not wish to continue the prosecution of
the applicant Nos. 2 to 5.
5. Considering the fact that the offences alleged against the
applicant Nos. 2 to 5 are personal in nature and recording of
evidence of witnesses of prosecution has not started, in our view,
no fruitful purpose would be served by keeping the criminal case
pending against the applicant Nos. 2 to 5. Hence, we find that this
is a fit case for exercising the jurisdiction under Section 482 of the
Code of Criminal Procedure.
6. Hence, we pass the following order:-
(i) The First Information Report No.193/2014 registered
against the applicant Nos. 2 to 5 with the non-applicant No.1-Police
Station and the consequential R.C.C. No.718/2015 filed against
applicant Nos. 2 to 5 and pending before the learned Judicial
Magistrate are quashed and set aside.
Rule is made absolute accordingly.
JUDGE JUDGE
manisha
7 apl 124.21.jud.odt
