Bombay High Court
Monal S/O Rameshrao Murhekar And 3 ... vs The State Of Mha. Thr. Pso Gadge Nagar Tq. ... on 4 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:11256-DB
1 903.apl.1263.22-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 1263 OF 2022
1. Monal S/o. Rameshrao Murhekar,
Aged about 21 years, Occu.: Education,
R/o. Behind Satwa Chowk, Ward No.4,
Tq. Warud, Dist. Amravati.
2. Nilesh S/o. Shankarrao Lonkar,
Aged about 32 years,
Occu.: Publisher and Journalist,
R/o. Ward No.3, Ghorad, Post Amner,
Tq. Warud, Dist. Amravati.
3. Vijay S/o. Ramesh Charpe,
Aged about 39 years, Occu.: Service,
R/o. Ward No.10, Laxmi Nagar,
Tq. Warud, Dist. Amravati.
4. Vivek S/o. Gopalrao Chaudhari,
Aged about 43 years, Occu.: Service,
R/o. Motha Bhaji Bazar, Sarafa Lane,
Tq. Warud, Dist. Amravati. ... APPLICANTS
...VERSUS...
1. The State of Maharashtra,
Through P. S. O., Gadge Nagar,
Tq. and Dist. Amravati.
2. Sau. Snehal Mangeshrao Lonkar,
Aged about 28 years, Occu.: Business,
R/o. Sai - Niwas Colony,
C/o. Vilasrao Ghotekar, Kharaiyya Nagar,
Mahendra Colony, Behind Ram Mandir,
Tah. and Dist. Amravati. ...NON-APPLICANTS
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Mr. R. D. Dharmadhikari, Advocate for Applicants.
Ms K. H. Bhondge, A.P.P. for Non-applicant/State.
Mr. S. G. Ramteke, Advocate for Non-applicant No.2.
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2 903.apl.1263.22-J.odt
CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 04.10.2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Heard.
2. ADMIT. The matter is taken up for final disposal by consent of
learned Counsel appearing for the parties.
3. This is an application seeking to quash charge-sheet
(R.C.C.No.710/2022) arising out of First Information Report vide Crime
No.0033/2022 registered with Police Station Gadge Nagar, District
Amravati for the offences punishable under Sections 452, 354 and 506 of
the Indian Penal Code.
4. The applicants are friends and relatives of the informant's husband
Mangesh. The matrimonial relations between informant Snehal and
Mangesh were strained. The informant Snehal has lodged the report
against her husband Mangesh for commission of offence punishable under
Section 498-A of the Indian Penal Code. In said crime, Mangesh was
arrested and produced before the Magistrate on 08.01.2022 and released on
bail on the very day. In above backgrounds, the informant Snehal alleges
that on the very day in late evening around 10.00 to 11.00 p.m. Shubhan
Murhekar (not applied), Nilesh Lonkar (applicant No.2), Vijay Charpe
3 903.apl.1263.22-J.odt
(applicant No.3) and Vivek Chaudhari (applicant No.4) entered in her
house, threatened her to withdraw the report lodged against Mangesh. It is
alleged that at the relevant time, Shubham also inappropriately touched to
the Snehal, outraged her modesty and, therefore, the report.
5. After hearing the submissions, we have expressed our non-inclination
to entertain this application as regards to applicant No.2 Nilesh, applicant
No.3 Vijay and applicant No.4 Vivek only on the premise that this is not a
stage to scan or marshal the work of material, which is adduced in support
of the charge-sheet. At this juncture, the learned Counsel Mr.
Dharmadhikari appearing for the applicants seeks for withdrawal to the
extent of applicant Nos.2 to 4. In view of said statement, we need not
consider the case as regards to these applicants.
6. The principal allegations are against Shubham Gunhekar, who is not
before us. The application remains only to the extent of applicant No.1
Monal Murhekar. We see absolutely no material against Monal Murhekar.
Particularly the informant and her mother, who is eye witness did not state
even the presence of Monal at the time of occurrence. Curiously, we have
asked learned A.P.P. to point out the incriminating material which is against
Monal. However, they are not in a position to point out a single iota of
evidence from entire charge-sheet against Monal. In the circumstances,
continuation of the trial against Monal would be completely abuse of the
4 903.apl.1263.22-J.odt
process of the Court. We are surprised as to why the investigating agency
has implicated Monal in the case in absence of any material. We express
that in absence of the material, the police shall not implicate the citizens by
putting them in lurge. With these observations, we are inclined to quash
the proceedings against the applicant No.1 - Monal.
7. In view of the above, the application is partly allowed.
We hereby quash and set aside the charge-sheet
(R.C.C.No.710/2022) arising out of First Information Report vide Crime
No.0033/2022 registered with Police Station Gadge Nagar, District
Amravati for the offences punishable under Sections 452, 354 and 506 of
the Indian Penal Code to the extent of applicant No.1 - Monal Rameshrao
Murhekar only.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 09/10/2024 16:33:55
