Karunakar Babu Shetty v. Smt Asha Harish Shetty And Another

criap5962.14 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5962 OF 2014 Karunakar Babu Shetty, Age: 40 years, Occu: Business, R/o.: Sai Travels, Opp. Bus Stand, Bhadgaon Road, Chalisgaon, Taluka: Chalisgaon, Dist. Jalgaon ..APPLICANT

VERSUS

1.

Smt. Asha Harish Shetty, Age: 32 years, Occu: Business, R/o. : Om Shanti Apartment, Opp. Abhinav High School, Bhadgaon Road, Chalisgaon, Taluka: Chalisgaon, Dist. Jalgaon 2.

The State of Maharashtra, Through Police Inspector, Chalisgaon Police Station, Taluka: Chalisgaon, Dist. Jalgaon ..RESPONDENTS Mr S. V. Suryawanshi, Advocate for applicant; Mr U. S. Patil, Advocate for respondent No. 1; Mr K. D. Munde, Addl. Public Prosecutor for respondent No. 2 CORAM : N.W. SAMBRE, J.

DATE : 31st August, 2016 ORAL ORDER :

This proceedings are taken out by the applicant, purporting the same to be under the provisions of section 482 of the Code of Criminal Procedure, seeking quashing of the charge-sheet in Regular Criminal Case No. 132 of 2013, pending on the file of Judicial Magistrate First Class, Chalisgaon, for offences punishable under sections 420, 201, 193 (2), 199, 200, 465, 467 and 471 of the Indian Penal Code.

criap5962.14 (2) 2.

Perused the contents of the first information report and the papers in relation to the charge-sheet. While relying upon the relinquishment deed executed on 10th May, 2013, between the applicant and the complainant, the applicant submits that the issue involved in the matter is a civil dispute and as such, there is no criminal element or motive to commit the crime in question. The relinquishment deed is not registered one and as such, its evidentiary value is also under cloud.

3.

If the above referred submissions are appreciated in the light of the material placed on record, in my opinion, no case for interference is made out, much less when the applicant has not produced the complete charge-sheet before this Court for appreciation. Thus, Criminal Application fails and stands rejected.

(N.W. SAMBRE, J.) amj