Bombay High Court
Tarun S/O Harish Bhagchandni And ... vs State Of Mah. Thr. Pso Ps Jaripataka ... on 1 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M. W. Chandwani
2023:BHC-NAG:16790-DB
J APL-1665-2022.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.1665 OF 2022
APPLICANTS : 1 Tarun S/o Harish Bhagchandni,
Aged 35 years, Occ.Service, R/o C/o
Harish Bhagchandani, A-26, First
Floor, DDa Flats, Near Satyam
Cinema, New Ranjeet Nagar, Patel
Nagar, Central Delhi, Delhi.
2 Mukesh S/o Harish Bhagchandani,
Aged 40 years, Occ.Service, R/o 65 C,
DDA Mig Flats, Rajouri Garden, J-6,
West Delhi.
..VERSUS..
RESPONDENTS : 1 State of Maharashtra,
Through Police Station Officer, Police
Station Jariptaka, Nagpur District
Nagpur.
2 Neha W/o Tarun Bhagchandani
aged about 27 years, Occ. Service, R/o
C/o Inderkumar Parani, Plot
No.12/180, MIG, Nara Road, near
Bapuna Wine Shop, Jaripatka, Nagpur.
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Mr K. N. Jain, Advocate for Applicants.
Mr S. S. Doifode, APP for Respondent No.1/State.
Mr D. R. Upadhyay, Advocate for Respondent No.2.
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CORAM : VINAY JOSHI AND M. W. CHANDWANI, JJ.
DATE : 1st DECEMBER, 2023.
ORAL JUDGMENT : (PER : VINAY JOSHI, J.)
J APL-1665-2022.odt
. Heard finally by consent of the learned Counsel
appearing for the parties.
Admit.
2. This is an application seeking to quash charge-sheet
arising out of Crime No.667 of 2022, registered with Jariptaka
Police Station, District Nagpur, for the offence punishable
under Sections 406 and 498-A of the Indian Penal Code, 1860.
3. At the inception, we have expressed our
non-inclination to entertain the application as regards to
applicant No.1 - husband. At this juncture, the learned counsel
appearing for applicant seeks permission for withdrawal of this
application to the extent of applicant No.1.
4. Leave granted. Application as regards to applicant
No.1 stands disposed since withdrawn. We are concentrating
only to the extent of role of applicant No.2 who is brother-in-
law of the informant lady.
J APL-1665-2022.odt
5. With the assistance of both the sides, we have gone
through the police report lodged by the informant lady as well
as the statements recorded during investigation. On careful
examination except one isolated instance, we find nothing
against applicant No.2 who is brother-in-law of the informant
lady. By and large, entire allegations are against applicant No.1-
husband. She has merely stated that applicant No.2 has also
joined his brother (husband) blaming the lady that she was
found with stranger in the Hotel. There are no details about the
allegation nor the informant stated exactly what was the
occurrence. The statement of other witnesses does not bare
allegation as regards to applicant No.2. Therefore, even if the
prosecution case is accepted at its face value, it does not make
out a prima facie case against applicant No.2 Mukesh Harish
Bhagchandani. In view of that continuation of prosecution
against applicant No.2 amounts to an abuse of the process of
the Court.
6. In the circumstances, we hereby allow the application
to the extent of applicant No.2 - Mukesh Harish Bhagchandani
J APL-1665-2022.odt
and consequently quash the charge-sheet arising out of Crime
No.667 of 2022, registered with Jariptaka Police Station,
District Nagpur, for the offence punishable under Sections 406
and 498-A of the IPC to the extent of applicant No.2 only.
7. The criminal application stands disposed in above
terms.
(M. W. CHANDWANI, J.) (VINAY JOSHI, J.)
TAMBE
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 06/12/2023 10:42:35
