Sandeep Gokul Patil And Others v. The State Of Maharashtra And Another

51-cr.appln.no.1315.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1315 OF 2023

1. Sandeep Gokul Patil (withdrawn)

2. Sakhubai Gokul Patil (withdrawn)

3. Vidya Samadhan Patil ..Applicants Vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.Mangesh Patil, Advocate for applicants Mr.P.N.Kutti, APP for respondent no.1 Mr.C.V.Bhadane, Advocate for respondent no.2 ---- CORAM : R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE : SEPTEMBER 20, 2023 ORDER :- By this application under Section 482 of the Code of Criminal Procedure, the applicants pray for quashment of First Information Report, being Crime No.286 of 2022, registered with Songir Police Station, Songir, Dist. Dhule, for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of Indian Penal Code.

2.

Learned counsel for the applicants, on instructions, withdraws the application of applicant nos.1 and 2.

51-cr.appln.no.1315.2023 3.

In view of the above, the application of applicant nos.1 and 2 stands disposed of as withdrawn.

4.

We have perused the First Information Report and the related papers. Applicant no.3 before us is married sister-in-law of respondent no.2-wife. Close reading of the FIR and related papers indicates that the allegations against her are general, vague and omnibus in nature.

5.

Although both learned APP and learned counsel representing respondent no.2 have strong reservations to allow the application, we find that directing this applicant to stand trial based on such material, would be an abuse of the process of court. We, therefore, allow the application in terms of prayer clauses (B), qua applicant no.3.

6.

Applicant no.2 - mother-in-law of respondent no.2 is granted exemption from appearing before the trial court. The trial court, however, enforce her presence for effective hearing of the case, such as, for framing of charge, recording statement under Section 313 of the Code of Criminal Procedure, etc. 7.

The application stands disposed of accordingly. [SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP