Atul Uday Khillare And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:20983-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
10 CRIMINAL APPLICATION NO. 2867 OF 2025 1.
Atul Uday Khillare Age: Major, Occ. Priest, R/o. Pune, Dist. Pune.
2.
Bhishep Avinash Shelke Age: Major, Occ. Priest R/o. Pune, Dist. Pune.
3.
Rajesh Narendra Nirmal Age: Major, Occ. Labour, R/o. Near Mission Hospital Jalna, Tq. & Dist. Jalna.
4.
Ashwini Sandip Reddy (Khandagale) Age: Major, Occ. Household R/o. Near Duglus School, Jalna 5.
Anil Pandit Pakhare Age: Major, Occ. Labour, R/o. Mission Compound, Jalna 6.
Sanjay Kamuwel Pakhare Age: Major, Occ. Labour, R/o. Kranti Nagar, Jalna 7.
Joseph Michal Jagdhane Age: Major, Occ. Labour, R/o. Kranti Nagar, Jalna 8.
Kantabai Michal Jagdhane Age: Major, Occ. Household R/o. Near Kranti Nagar, Jalna,
9.
Jayabai Samadhan Athawale Age: Major, Occ. Household, R/o. Mission Compound, Jalna 10.
Anurag Kirti Kamble Age: Major, Occ. Labour, R/o. Mission Compound, Jalna, Tq. & Dist. Jalna 11.
Robben Shahurao Navgire Age: Major, Occ. Labour, R/o. Kranti Nagar, Jalna, Tq. & Dist. Jalna 12.
Jocky Michal Jagdhane Age: 36 years, Occ. Labour, R/o. Mangal Bazar, Jalna 13.
Archana Dipak Pakhare Age: Major, Occ. Household, R/o. Pune, Dist. Pune.
14.
Amruta Atul Khillare Age: Major, Occ. Household R/o. Pune, Dist. Pune.
15.
Prashant John Lalzare Age: Major, Occ. Advocate, R/o. MHADA Colony, Mantha Naka, Jalna, Tq. & Dist. Jalna.
... Applicants (Orig. Accused Nos.1 to 15)
Versus
1.
The State of Maharashtra Through its Police Inspector, Sadar Bazar Police Station, Jalna Tq.& Dist. Jalna.
2.
Upendra Bhaskar Mhankale Age: 62 years, Occ. Priest, R/o. Jamuna Nagar, Jalna ... Respondents (Resp. No.2-Orig. Complainant) ...
Advocate for Applicants : Mr. Prakash V. Balkhande. APP for Respondent / State : Mr. G. A. Kulkarni. ...
CORAM :
SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.
DATE :
06th August, 2025.
Per Court:
.
Present application has been filed for quashing the FIR vide C.R. No.303 of 2025, dated 19th April, 2025, registered with Sadar Bazar Police Station, District Jalna, for the offence punishable under Sections 189(2), 298, 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
Heard the learned counsel for the applicants. He submits that the informant is also of the same religion, which the applicants profess. In fact, the FIR i.e. lodged by Ashwini Sandip Reddy on 18th April, 2025 vide C.R. No.300 of 2025 with the same police station, is prior in time. Just to give a counterblast to the said FIR, the present FIR has been lodged belatedly. The ingredients of the offences are not getting attracted.
The learned APP strongly opposes the application and submits that the investigation is pending in respect of both the FIRs. There is no necessity to issue notice to respondent No.2. The first and the foremost fact would be that if it is submitted that it is a cross complaint, then the presence of the present applicants would be admitted. Secondly, taking into consideration the contents of C.R. No.303 of 2025 lodged by present respondent No.2, prima-facie, ingredients are getting attracted. Under such circumstance, when there are cross FIRs, the investigation in respect of one FIR cannot be aborted. It will have to be taken to the logical end and therefore, at this stage, no case is made out for exercise of powers under Section 528 of BNSS.
The application stands rejected at the threshold. [ SANJAY A. DESHMUKH, J. . [ SMT. VIBHA KANKANWADI, J. . nga