Sau. Dipali Yogesh Lakhade And 7 ... vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 2574 Bom

Judgment

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

           CRIMINAL APPLICATION (APL) NO.225 OF 2022
1. Sau.Dipali Yogesh Lakhade,
Aged about 35 years, occupation service,
R/o c/o Shri Ganesh Gondchawar, Kalambeshwar,
Tahsil and District Akola.

2. Shri Yogesh s/o Dnyaneshwar Lakhade,
Aged about 37 years, occupation business,
(Zee Mahasale Shopee).

3. Dnyaneshwar s/o Vasudeo Lakhande,
Aged about 60 years, occupation business.

4. Sau.Gita Dnyaneshwar Lakhade,
Aged about 50 years, occupation housewife.

5. Rajesh Dnyaneshwar Lakhade,
Aged about 35 years, occupation service.

6. Sau.Manisha Rajesh Lakhande,
Aged about 31 years, oOccupation housewife.

7. Vaibhav Dnyaneshwar Lakhade,
Aged about 33 years, occupation service.

8. Sau.Bhakti Vaibhav Lakhade,
Aged about 30 years, occupation housewife.

All r/o Pranjali Nagar, Mothi
Umari, tahsil and district Akola.            ..... Applicants.

                             :: V E R S U S ::
State of Mahagaon, through Police Station Officer,
Police Station Civil Lines, Akola,
Tahsil and district Akola.             ..... Non-applicant.




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 Judgment

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Shri J.B.Gandhi, Counsel for applicants.
Shri S.S.Doifode, Additional Public Prosecutor for the respondent/state.
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CORAM       : V.M.DESHPANDE, & AMIT B.BORKAR, JJ.
DATE        : MARCH 15, 2022

ORAL JUDGMENT (Per : Amit B.Borkar, J.)

1.           Heard learned counsel Shri J.B.Gandhi for applicants and

learned Additional Public Prosecutor Shri S.S.Doifode for the non-

applicant/State. Rule. Rule made returnable forthwith. Heard finally

by consent of learned counsel for parties.


2.           This is a joint application filed by applicants. Applicant

No.1 is wife of applicant No.2 and applicant Nos.3 to 8 are her in-laws.


3.           A First Information Report came to be registered against

applicant Nos.2 to 8 with allegations that applicant Nos.2 to 8 physically

and mentally harassed applicant No.1 for non-payment of dowry.

Investigating agency, after completion of investigation into the crime,

filed chargesheet against applicant Nos.2 to 8. Pending disposal of the

present application, applicant No.1 and applicant Nos.2 to 8 mutually

resolved their dispute between them.


4.           Having carefully considered allegations in the First

Information Report and material in the form of chargesheet, we are


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 Judgment

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satisfied that the offence against applicant Nos.2 to 8 are personal in

nature.


5.           Having carefully considered allegations in the First

Information Report, we are satisfied that nature of the offence against

applicant Nos.2 to 8 are personal in nature. The Honourable Apex Court

in the case of Madan Mohan Abbot ..vs.. State of Punjab, reported at

(2008)4 SCC 582 has taken a view that when allegations are personal in

nature, it is advisable to quash proceedings so that time in such cases

can be utilized for more deserving cases.


6.           Since offence lodged against applicant Nos.2 to 8 are

personal in nature, in view amicable settlement resolved between

applicant No.1 and applicant Nos.2 to 8, there is no impediment in

quashing of the First Information Report and chargesheet against

applicant Nos.2 to 8. We, therefore, pass following order:


                                 ORDER

(1) The criminal application is allowed.

(2) First Information Report bearing Crime No.37/2018 registered with

Police Station Civil Lines, Akola, for offence punishable under Section

498-A read with Section 34 of the Indian Penal Code and chargesheet

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Judgment

apl225.22 3

bearing RCC No.287/2018 pending before learned Chief Judicial

Magistrate at Akola are hereby quashed.

Rule is made absolute in above terms.

            JUDGE                                   JUDGE

!! BRW !!Digitally
         signed by
         BHUSHAN
BHUSHAN  RANA
RANA     WANKHEDE
WANKHEDE Date:
         2022.03.15
         18:05:43
         +0530




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