Citation : 2024 Latest Caselaw 26054 Bom
Judgement Date : 26 September, 2024
2024:BHC-NAG:10882-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1394 OF 2024
Shashank Ravindra Lonare, Age 29 years,
Occupation, Private Job, Address:- Sai Taj
Apartment 1, F-17, Balaji Ward, Ballarpur,
Dist. Chandrapur. Applicant.
-Versus-
1. State of Maharashtra, through Police
Station Officer, Chandrapur City Police
Station Chandrapur, Maharashtra.
2. Anney Brijesh Juyel, Age 38 years,
Occupation; Private Job Address: Binba
Ward Annabhau Sathe Chowk, Non-
Chandrapur,Dist.Chandrapur,Maharashtra applicants.
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Ms. Deeplata C.Pandey, counsel for the applicant.
Mr. Amit Madiwale, APP for the respondent-State.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 26th SEPTEMBER, 2024
ORAL JUDGMENT (Per : Vinay Joshi, J.)
Heard.
2. Admit. The application is heard finally with the consent of
the learned counsel for the parties.
3. This is an application seeking to quash the First
Kavita.
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Information Report No.639 of 2024 registered with Police Station
Chandrapur City, District Chandrapur for the offence punishable
under Sections 115(2), 296, 351(2) and 351(3) of the Bhartiya
Nyay Sanhita, 2023 on account of settlement.
4. The informant lady was in relationship with the applicant.
It is alleged that the applicant gave threats and abused her in filthy
language, which resulted into the lodging of the report. The matter
is amicably settled as the parties are acquainted with each other
since long. The informant lady has filed an affidavit-cum-reply
stating that she has no objection to quash the First Information
Report. The informant-lady has appeared suo motu, who is
identified by the applicant's learned counsel. The informant stated
that the matter is settled and she do not wish to go on with the
prosecution. The informant-lady has placed some conditions about
proper behaviour of the applicant, which we read over to the
applicant, to which he accepted to abide.
5. Considering the nature of accusations, it cannot be termed
as heinous or antecedent. The matter is amicably settled. Hence,
continuation of the prosecution amounts to abuse of the process of
Kavita.
916-apl1394-24.odt
the Court. In view of that, the Criminal Application is allowed.
We, hereby, quash and set aside the First Information Report
No.639 of 2024 registered with Police Station Chandrapur City,
District Chandrapur for the offence punishable under Sections
115(2), 296, 351(2) and 351(3) of the Bhartiya Nyay Sanhita,
2023.
6. Criminal Application stands disposed of with no order as
to costs.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J) Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 30/09/2024 19:00:02 Kavita.
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