Bombay High Court
Nagesh S/O. Manmath Sakhare And ... vs The State Of Maharashtra on 15 March, 2021
Bench: R.V. Ghuge, R. G. Avachat
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.73 OF 2020
NAGESH S/O. MANMATH SAKHARE AND ANR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for the Applicants : Shri D.A. Mane h/f Shri D.M. Pingale
APP for Respondent 1 : Shri S.Y. Mahajan
Advocate for Respondent 2 : Shri N.R.Pawde h/f Shri P.A. Bharat
...
CORAM : RAVINDRA V. GHUGE
&
R. G. AVACHAT, JJ.
DATE :- 15th March, 2021
Per Court :-
1. By this Criminal Application, both the applicants seek the
quashing of the First Information Report bearing Crime No.26/2016 and
the charge-sheet bearing No.18/2016.
2. Considering the order that we are passing, by consent of the
parties, after appreciating the role ascribed to applicant No.2/ Jyoti
Nagesh Sakhare, the learned advocate for the applicants, on instructions,
seeks leave to withdraw this application to the extent of applicant No.1/
Nagesh Manmath Sakhare, who is the main accused. This Criminal
Application is, therefore, disposed off as withdrawn to the extent of
applicant No.1/ Nagesh Manmath Sakhare.
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3. Insofar as applicant No.2/ Jyoti is concerned, respondent
No.2 herein, who has been arrayed as the respondent pursuant to our
order dated 24.02.2021, submits that respondent No.2 would have no
objection for entertaining this application as regards applicant No.2/ Jyoti.
4. We have carefully perused the First Information Report dated
26.02.2016. We have also perused the statement of Mayur, who is the son
of the deceased Shivkanya on whose Dying Declaration the FIR was
registered. We have also perused the said Dying Declaration.
5. We have also perused the law laid down by the Honourable
Supreme Court in the matters of Madhavrao Jiwaji Rao Scindia and
another vs. Sambhajirao Chandrojirao Angre and others, AIR 1988 SC 709
and State of Haryana and others vs. Ch. Bhajan Lal and others, AIR 1992
SC 604.
6. Two other accused, namely, Bunti @ Umesh and Nikita w/o
Bunti @ Umesh were before this Court in Criminal Application
No.935/2019. By oral judgment dated 23.07.2019, this Court has allowed
the application to the extent of Nikita. The application to the extent of
Bunti @ Umesh was disposed off as withdrawn since this Court was not
inclined to entertain the same.
7. We find from the record before us that there is no allegation
against applicant No.2/ Jyoti. In fact, applicant No.2/ Jyoti was incited
and encouraged by applicant No.1/ Nagesh along with Nikita to beat the
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mother of Mayur i.e. deceased Shivkanya. It has been set out in the FIR
that applicant No.1/ Nagesh along with other three accused had reached
the house of Mayur and had abused Mayur and his mother Shivkanya in
foul language. Applicant No.1/ Nagesh had threatened Shivkanya by
stating that he would rape her in public. Having found the abuses and
threats to be unbearable, she rushed inside the house, locked herself in
the room, poured kerosene on herself and set herself ablaze.
8. Since we do not find any allegation against applicant No.2/
Jyoti, akin to Nikita, and in view of the reasons assigned by this Court in
it's order dated 23.07.2019 while entertaining the application filed by
Nikita and for the reason of respondent No.2 having consented for
allowing this application to the extent of applicant No.2/ Jyoti, that this
Criminal Application is partly allowed. FIR bearing Crime No.26/2016 and
the charge sheet bearing No.18/2016 stand quashed to the extent of
applicant No.2/ Jyoti. Needless to state, the proceedings before the Trial
Court to the extent of applicant No.2/ Jyoti are rendered infructuous.
kps (R. G. AVACHAT, J.) (RAVINDRA V. GHUGE, J.)
