Radha @ Arti W/O Arjun Behuniya vs The State Of Mha. Thr. Pso Ps ...
2023 Latest Caselaw 3741 Bom

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



             CRIMINAL APPLICATION [APL] NO. 149/2023.

Sau. Radha @ Arti w/o Arun
Behuniya, Aged about 25 years,
Occupation - Safai Kamgar,
resident of Near Municipal High
School, Kalmeshwar, Tahsil
Kalmeshwar, District Nagpur.                ...         APPLICANT.

                                 VERSUS

1.The State of Maharashtra,
through Police Station Officer
of Police Station Kalmeshwar,
District Nagpur.

2.Haridas Ghanshyam Chamke,
Aged about 45 years,
Occupation - Service, resident
of Shriniketan Colony, Ward No.14,
Police Station, Kalmeshwar,
District Nagpur.                           ...     NON-APPLICANTS.



                         ---------------------------------
                Mr. S.S. Das, Advocate for the Applicant.
          Mr. N.R. Rode, A.P.P. for Non-applicant No.1/State.
       Mr. M.L. Chandrikapure, Advocate for Non-applicant No.2.
                         ----------------------------------




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                                CORAM : VINAY JOSHI AND
                                        BHARAT P. DESHPANDE, JJ.
                                DATE : APRIL 17, 2023.


ORAL JUDGMENT (PER VINAY JOSHI, J.) :



              Heard finally by consent of the learned Counsel present

for the parties.

              Admit.



2.            This is an application seeking to quash the first

information report bearing Crime No.126/2016 registered with the

Kalmeshwar Police Station, Nagpur for the offence punishable under

Sections 419, 420, 143, 353, 186, 504, 506 and 120-B of the Indian

Penal Code on account of settlement in between the parties. The

applicant is one of the accused in the said crime.



3.            The non-applicant no.2/informant has lodged a report on

27.02.2016 regarding the occurrence. The informant is working as

a Supervisor with the Nagar Parishad, Kalmeshwar. It was his job to



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assign sweeping work to daily wagers. It is the contention of the

informant that on 25.02.2016 there was a quarrel on account of non-

allotment of work to some female worker.         At the relevant time

Durgesh Paserkar gave threats to him in which several ladies

participated including the present applicant, therefore, the report.

The police have completed the investigation and charge sheet has

been filed, however, it is informed that as yet the case is not

committed to the Court of sessions.



4.            During the meantime, the informant has settled the

matter with the applicant / lady. He has filed a pursis stating that

there was no active role of the applicant in the incident, and

therefore, he do not wish to prosecute the case against her. He has

also given no objection for quashing of the first information report to

the extent of applicant only.



5.            The informant is personally present before the Court and

is identified by his Advocate. We have enquired with the informant,

to which he has accepted about the settlement and his no objection


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to quash the first information report.



6.            It reveals that the role assigned to the applicant lady is

about mere present at the time of occurrence. Principal allegations

are against co-accused. Moreover, the matter in now settled in

between the parties. The offence cannot be termed as a heinous or

antisocial.       The applicant and the informant are working in the

Nagar Parishad and thus, day to day they have to confront with each

other. Having regard to said position, continuation of prosecution

would be an abuse of the process of the Court.                 On aforesaid

background, the chances of conviction are remote and bleak. In view

of above, we are inclined to invoke our inherent jurisdiction and pass

the following order.


                                  ORDER

[i] Criminal Application is allowed and disposed of.

[ii] The first information report bearing Crime No.126/2016

registered with the Kalmeshwar Police Station, Nagpur

for the offence punishable under Sections 419, 420, 143,

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Judgment apl149.23

353, 186, 504, 506 and 120-B of the Indian Penal Code

is hereby quashed and set aside, so far as it relates to the

applicant - Sau.Radha @ Arti Arjun Behuniya only.

                    JUDGE                        JUDGE




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