Sopan Ramrao Khandare v. The State Of Maharashtra And Others

Cri.Appln. No.1437/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1437 OF 2023 Sopan Ramrao Khandare ... APPLICANT

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. B.S. Kudale, Advocate for applicant Mr. R.V. Dasalkar, A.P.P. for State Mr. Madan Patil, Advocate holding for Mr. Y.B. Bolkar, Advocate for respondent No.3. .......

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE :

30th JUNE, 2023 O R D E R :

Heard. This application is filed for quashment of the charge sheet bearing R.C.C. No.25/2023, pending on the file of learned Judicial Magistrate, First Class, Aundha which is filed pursuant to F.I.R. bearing Crime No.0247/2022, registered at Kurunda Police Station, District Hingoli for the offences punishable under Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code.

2.

Heard. The petitioner is brother-in-law of the

Cri.Appln. No.1437/2023 :: 2 ::

respondent No.3 - informant. He is alleged to have ill-treated her with a view to coerce her to fetch money from her parents. The learned counsel for the respondent No.3 - wife takes us through the F.I.R. and the related papers to submit that there is prima facie material to proceed against the applicant herein. 3.

We have closely perused the F.I.R. and the related papers to find that no case is made out for the applicant to stand trial. The applicant has been serving at some other place, away from the matrimonial home of the respondent No.3 - wife. Whatever allegations are there against the applicant are general and vague in nature. We are, therefore, inclined to allow the application. Hence the order :-

O R D E R

(i) The Criminal Application is allowed.

(ii) The F.I.R. charge sheet bearing R.C.C. No.25/2023, pending on the file of learned Judicial Magistrate, First Class, Aundha stands quashed as against the present applicant. (SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) fmp/-