Nilesh Govinda Bunde And Others v. The State Of Maharashtra And Another

Cri.Appln.No.1646/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1646 OF 2023 Nilesh Govinda Bunde & ors.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. M.G. Patil, Advocate for applicants Mrs. V.N. Patil Jadhav, A.P.P. for respondent No.1. Mr. J.V. Patil, Advocate for respondent No.2. .......

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

DATE :

14th SEPTEMBER, 2023 ORDER :

After having gone through the F.I.R. and related papers and to our pointed query, the learned counsel for the applicants, on instructions, seeks leave to withdraw the application of applicant No.1 - husband of respondent No.2. The application of application No.1 thus stands disposed of as withdrawn.

2.

Heard. This is an application for quashment of F.I.R. bearing No.360/2020, registered at Taluka Police Station, Jalgaon for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code.

Cri.Appln.No.1646/2023 :: 2 ::

3.

After having gone through the F.I.R. and the related papers, we find the allegations against the brother-in-law, his wife and maternal uncle are, general, vague and omnibus. No specific incident of ill-treatment at their hands has been highlighted therein. Therefore, although the learned counsel for respondent No.2 and learned A.P.P. have strong reservations to allow this application, we find that, directing the applicants No.2 to 6 to stand trial based on such material would be abuse of process of Court. Hence, the application of applicants No.2 to 6 is allowed in terms of prayer clause (B).

4.

The criminal application stands disposed of.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) fmp/-