Abhijeet S/O Waman Kadu vs State Of Mah. Thr. Pso Ajni Nagpur ...
2021 Latest Caselaw 1950 Bom

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

                CRIMINAL APPLICATION (APL) NO. 149 OF 2021

  Abhijeet S/o. Waman Kadu,
  Aged 35 years, Occ. Private,
  R/o. 190, Wardha Road,
  Near Pantheon Water Tank,
  Santaji Society, Menghare Layout,
  Manish Nagar, Somalwada,
  Nagpur-15
  Mob. 9096822076.                                                          . . . APPLICANT

                         ...V E R S U S..

  1. State of Maharashtra through
     its P.S.O. Ajni, Nagpur

  2. Smt. Shital W/o. Abhijeet Kadu,
     Aged 31 years, Occ. Nil,
     R/o. C/o. Rajesh Lele,
     Plot No. 53, Near Samruddhi Bank,
     Wanjari Nagar, Behind Water Tank,
     Nagpur-13.                                                     . . NON-APPLICANTS

 ------------------------------------------------------------------------------------------------
 Shri Muzammil Hussain, Advocate for applicant.
 Ms. Mayuri Deshmukh, A.P. P. for non-applicant no. 1/State.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 29.01.2021

ORAL JUDGMENT (PER : Z. A. HAQ, J.) :-

1. Heard.

2. Rule. Rule made returnable forthwith.

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3. The applicant-accused has filed this application under Section

482 of the Code of Criminal Procedure praying that First Information

Report No. 561/2019 registered against him with the non-applicant no.

1-Police Station for the offence punishable under Section 498A of the

Indian Penal Code be quashed.

4. According to the applicant (who is husband of the non-

applicant no.2- Informant), the matter is amicably worked out. The

non-applicant no. 2- Informant has put in appearance suo-motu and has

filed an affidavit stating that she has no grievance against the applicant

and the prayer made by the applicant in the Criminal Application may

be granted.

5. The investigation is at preliminary stage and charge-sheet is

not yet filed. In our view, looking to the nature of dispute between the

applicant and the non-applicant no. 2 and the fact that they have

amicably worked out the matter, and the non-applicant no. 2- Informant

is not interested in prosecuting the applicant, no fruitful purpose would

be served by keeping the prosecution pending.

6. Hence, the following orders :-

First Information Report registered against the applicant with

the non-applicant no. 1-Police Station vide Crime No. 561/2019 is

quashed.

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Rule is made absolute accordingly.

CRIMINAL APPLICATION (APPP) NO. 142 OF 2021

In view of the disposal of Criminal Application (APL) No.

149/2021, the present Criminal Application praying for grant of time to

file certified copy of the F.I.R. in Crime No. 561/2019 does not survive.

It is disposed accordingly.

                JUDGE                                          JUDGE

 RR Jaiswal