Manisha @ Minikshi W/O Yuvraj Gichre vs State Of Mah. Thr. Pso Ps Kalmeshwar ...
2024 Latest Caselaw 2231 Bom

Bombay High Court

Manisha @ Minikshi W/O Yuvraj Gichre vs State Of Mah. Thr. Pso Ps Kalmeshwar ... on 24 January, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:1076-DB
                                                                     32.apl1547.2023jud.odt




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

                      CRIMINAL APPLICATION (APL) NO. 1547 OF 2023

                Manisha @ Minakshi w/o Yavraj Gichre
                Aged about 34 years, Occ. Safai Kamgar,
                R/o. Near Municipal College, Ward No.10,        ... Applicant
                Kalmeshwar, Nagpur - 441 501.

                                  Versus
           1. State of Maharashtra,
              Through P.S.O. & Police Station Kalmeshwar,
              Nagpur .
           2. Mr. Haridas s/o Ghanshyam Chamke
              Aged about 45 years, Occ. Service,
              C/o. Shriniketan Colony, Ward No.14,
                                                              ... Non-applicants
              Police Station Kalmeshwar,
              Nagpur - 441 501.


          Mr. Santosh B. Nimje, Advocate for applicant.
          Ms. J.Y. Ghurde, APP for non-applicant No.1.
          Mr. Kunal P. Nandurkar, Advocate for non-applicant No.2.

                                     CORAM :         VINAY JOSHI, AND
                                                     SMT. VRUSHALI V. JOSHI, JJ.
                                     DATE      :     24.01.2024


          ORAL JUDGMENT: (PER: Vinay Joshi,J)

Heard finally by consent of both the learned counsel

for the parties.

(2) Admit.

PAGE 1 OF 3

32.apl1547.2023jud.odt

(3) This is an application seeking to quash the First

Information Report bearing Crime No.126/2016 registered with

Kalmeshwar Police Station, Nagpur for the offence punishable under

Sections 353, 186, 504, 506 read with Section 34 of the Indian Penal

Code along with charge-sheet No.209/2016 and RCC No.179/2016, on

account of settlement in between the parties. The applicant is one of

the accused in the said crime.

(4) The informant is present before us and filed

reply/affidavit stating that the applicant had no role and thus, they

have no objection to quash proceeding. We have already considered a

similar aspect in Criminal Application (APL) No.149/2023 whereby we

have quashed prosecution against co-accused Sau. Radha @ Arti w/o

Arun Behuniya, who stands on a similar footing.

(5) In view of the above, continuation of prosecution

against to abuse of the process of Court, hence, the following order :

ORDER

(i) Criminal application is allowed and disposed of.

(ii) The First Information Report bearing Crime No.126/2016 registered with Kalmeshwar Police

PAGE 2 OF 3

32.apl1547.2023jud.odt

Station, Nagpur for the offence punishable under Sections 353, 186, 504, 506 read with Section 34 of the Indian Penal Code along with criminal prosecution mentioned in RCC No.179/2016 and charge-sheet No.209/2016, is hereby quash and set aside as regards applicant - Manisha @ Minakshi w/o Yuvraj Gichre only.

[VRUSHALI V. JOSHI, J.] [VINAY JOSHI, J.]

Prity

Signed by: Mrs. Prity Gabhane PAGE 3 OF 3 Designation: PA To Honourable Judge Date: 30/01/2024 14:40:21