Harischandra Maruti Vidyagar And Another v. The State Of Maharashtra And Another

2024:BHC-AUG:17935-DB 926-CriAppln-2353-2024 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 926 CRIMINAL APPLICATION NO. 2353 OF 2024 HARISCHANDRA MARUTI VIDYAGAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Advocate for Applicant : Mr. M. P. Kale h/f Mr. S. K. Naikwade APP for Respondent No.1-State : Mr. N. R. Dayama. .....

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATED :

13 AUGUST 2024 PER COURT :- 1.

Present application has been filed under Section 482 of the Code of Criminal Procedure (CrPC) for quashing the FIR vide CR No. 73 of 2024 dated 27.02.2024 registered with Shivajinagar Police Station, Beed, against the applicants for offences punishable under Sections 419, 420, 465, 468, 471 r/w 34 of the Indian Penal Code [IPC].

2.

Heard learned Advocate for the Applicants and learned APP for respondent no.1-State. It is not even necessary to issue notice to respondent no.2.

926-CriAppln-2353-2024 -23.

It is tried to be submitted on behalf of the applicants that since a civil dispute is pending and respondent no.2 herself, posing as wife of applicant no.1 when such relationship was not in existence, appears to be in the process of grabbing the immovable property and therefore concocted a story.

4.

Taking into consideration the contents of the FIR, the agreement to sale and the sale deed in respect of the property which is stated to be purchased from one Sarojini Sarjerao Kashid and also the civil dispute, it appears that thorough investigation is necessary. Further, respondent no.2 has alleged that false documents have been created by the applicants and on the basis of those documents, she as well as the Government has been cheated and therefore, at this stage, we do not find this to be a fit case where we can exercise our inherent powers under Section 482 of Cr.P.C. The application stands rejected. [ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.] vre