Nisha W/O. Prashant Patil v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.580 OF 2021 Nisha w/o Prashant Patil, Age-35 years Occu:Nil, R/o-Near 36 Palace, Vidya Vihar Colony, Mohida Th., Taluka-Shahada, Dist-Nandurbar.

...APPLICANT

VERSUS

1) The State of Maharashtra, Through Police Inspector, Shahada Police Station, Taluka-Shahada, Dist-Nandurbar,

2) Puja w/o Pankaj Patil, Age-29 years, Occu:Nil, R/o-Purushottam Nagar, Lonkheda, Taluka-Shahada, Dist-Nandurbar.

...RESPONDENTS ...

Mr.S.U. Chaudhari Advocate for Applicant.

Mr.M.M. Nerlikar, A.P.P. for Respondent No. 1. Mr.G.D. Jain Advocate for Respondent No. 2.

...

CORAM: SUNIL P. DESHMUKH AND NITIN B. SURYAWANSHI, JJ.

DATE : 1st SEPTEMBER, 2021 ORDER :

1.

The application has been moved seeking quashing of first

information report No. 61 of 2021 registered with Shahada police station against the present applicant imputing commission of offences under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code.

2.

Perusal of first information report as well as the investigation papers reflects that beyond bare reference to applicant's name, no active role whatsoever has been attributed to her. Even in the supplementary statement, beyond vague and general allegations there is nothing specifically attributed to the applicant. Applicant is not even related to the family of the informant. First information report and the investigation shows that there is no material available to substantiate the allegations. 3.

Having regard to aforesaid, it would be appropriate to quash the first information report so far as it relates to present applicant.

4.

As such, criminal application is allowed. First information report No. 61 of 2021 registered with Shahada police station to the extent of present applicant imputing commission of offences

under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, is quashed.

5.

Criminal Application disposed of accordingly. [NITIN B. SURYAWANSHI] [SUNIL P. DESHMUKH] JUDGE JUDGE asb/SEP21