Sumeet S/O. Suresh Khinwasaa @ Sumeet S/O. Sureshji Khinwasara And Others v. The State Of Maharashtra And ANR
THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 2793 OF 2018 1.
SUMEET S/O. SURESH KHINWASARA ALIAS @ SUMEET S/O. SURESHJI KHINWASARA (HUSBAND) Age: 25, Occupation : Service, Educational Qualification - B.B.M.(I.B.), PGDIB Date of Marriage - 05.06.2017 Resident of Sr. No.72, Samarth Nagar Corner, Opp. Ratan Sweet Dairy, New Sangvi, Pune City, Aundh Camp Pune City Pune, Maharashtra - 411 027 2.
SURESH MISHRILAL KHINWASARA ALIAS @ SURESHLAL MISHRILAL KHINWASARA (FATHER-IN-LAW) Age: 56 years, Occupation : Business, Educational Qualification - B. Com., LL.B.
Resident of Sr. No.72, Samarth Nagar Corner, Opp. Ratan Sweet Dairy, New Sangvi, Pune City, Aundh Camp Pune City Pune, Maharashtra - 411 027 3.
SOU. SUREKHA W/O. SURESH KHINWASARA ALIAS @ SUREKHA SURESH KHINWASARA (MOTHER-IN-LAW) Age: 48 years, Occupation : Household, Resident of Sr. No.72, Samarth Nagar Corner, Opp. Ratan Sweet Dairy, New Sangvi, Pune City, Aundh Camp Pune City Pune, Maharashtra - 411 027 4.
KANTILAL MISHRILAL KHINWASARA ALIAS @ KANTILAL MISHRILAL KHINWASARA (COUSIN FATHER-IN-LAW) Age: 64 years, Occupation : Business, Resident Since - 2000 at the below address Resident of, 8/1b/1, Raj Niwas, Babasaheb Pawar Nagar Lane No.1, Old Sangvi, Beside Shivshanakr Apartment, Pune City, Pune, Maharashtra - 411 027
5.
SOU. ASHABAI KANTILAL KHINWASARA ALIAS @ ASHABAI KANTILAL KHINWASARA (COUSIN MOTHER-IN-LAW) Age: 62 years, Occupation : Housewife, Resident Since - 2000 at the following address Resident of, 8/1b/1, Raj Niwas, Babasaheb Pawar Nagar Lane No.1, Old Sangvi, Beside Shivshanakr Apartment, Pune City, Pune, Maharashtra - 411 027 6.
BABULAL MISHRILAL KHINWASARA ALIAS @ BABULAL MISHRILAL KHIVANSARA (COUSIN FATHER-IN-LAW) Age: 59 years, Occupation : Business Resident of, House No. 23, Rajkiran Building, Laxmi Nagar, Opp. Mariaai Temple, Sangvi, Juni Sangvi, Pune, Dist. : Pune Maharashtra - 411 027 7.
SOU KIRANBAI BABULAL KHINWASARA ALIAS KIRAN BABULAL KHIVANSARA (COUSIN MOTHER-IN-LAW) Age: 57 years, Occupation : Housewife, Educational Qualification- 7th Std.
Resident Since- 1990 Resident of, House No. 23, Rajkiran Building, Laxmi Nagar, Opp. Mariaai Temple, Sangvi, Juni Sangvi, Pune, Maharashtra - 411 027 8.
NANDULAL MISHRILAL KHINWASARA ALIAS @ NANDLAL MISHRILAL KHIVANSARA (COUSIN FATHER-IN- LAW) Age: 54 years, Occupation : Business, Educational Qualification - S.S.C.
Resident Since-2010 Resident of, Near Laxminarayan Cinema Hall, 31, Sudharma Soc., Velankar Colony, Parvati, Pune, Maharashtra - 411 009 9.
SOU. VIDYA NANDULAL KHINWASARA ALIAS @ VIDYA NANDLAL KHIVANSARA (COUSIN MOTHER-IN-LAW) Age: 48 years, Occupation : Housewife, Residing at the given address since - 2010 Resident of, Near Laxminarayan Cinema Hall, 31, Sudharma Soc., Velankar Colony, Parvati, Pune,
Maharashtra - 411 009 Educational Qualification - S.S.C.
10.
HARDIK JAYANTILAL BEDMUTHA (NANDOI) Age: 31 years, Occupation : Business, Resident at the below address since birth Resident of, Plot No. 5, Manak Bhavan, Navin Aadgav Naaka, Nashik, Dist. : Nashik Maharashtra - 422 003 11.
SOU SURUCHI HARDIK BEDMUTHA (NANAND) Age : 29 years, Occupation : Housewife, Resident at the below address since - 2015 Educational Qualification - B.Com.
Resident of, Plot No. 5, Manak Bhavan, Mumbai Agra Road, Near Suman Hospital, Panchavit, Nashik Nashik, Dist. : Nashik Maharashtra -422 003 12.
PANKAJ S/O. SURESH SANCHETI ALIAS @ PANKAJ SURESH JAIN (NANDOI) Age: 32 years, Occupation : Service, Residing at the below address since birth Resident of, Pista Sadan, Hospet Road, Behind Hotel Shree Mata, Koppal, Karnatka - 583 231 Educational Qualification - M.B.A.
13.
SOU. SUPRIYA PANKAJ SANCHETI ALIAS @ SUPRIYA JAIN Age: 32 years, Occupation : Service, Educational Qualification - B.Com.
Residing at the below address since 2011 Resident of Pista Sadan, Hospet Road, Behind Hotel Shree Mata, Koppal, Karnatka - 583 231 ... APPLICANTS (Original Accused Nos.1 to 13) V E R S U S
1.
THE STATE OF MAHARASHTRA Through, The Police Inspector, Shirpur City Police Station, Shirpur City, Dist : Dhule.
2.
POOJA W/O. SUMIT KHINWASARA @ POOJA D/O. BHOGILAL JAIN Age: 24 years, Occu: Housewife, Presently residing at, C/o. Bhogilal Gulabchand Bafana, 12, Adarsh Nagar, Bagul Nivas, Shirpur, Tal.: Shirpur, Dist: Dhule (Maharashtra) Address as mentioned on Aadhar Card Pooja Bhorilal Jain 39, Shrikrushn Colony, Nimzari Naka, Shrirupur, Dist. Dhule.
Pin : 425 405 (Maharashtra) Mobile No. 9325498934 ... RESPONDENTS (First Informant / Orig. Complainant) ...
Mr. Abhaykumar D. Ostwal, Advocate for Applicants. Mr. S.J. Salgare, APP for Respondent/State.
Mr. G. D. Jain, Advocate for Respondent No.2. ...
CORAM :
T. V. NALAWADE & SMT. VIBHA KANKANWADI, JJ.
DATE :
04th October, 2018.
ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .
Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal. The learned APP is also heard. It is submitted that in advance notice was given to him.
The proceeding is filed under Section 482 of the Code of Criminal Procedure for relief of quashing of C.R. No.67 of 2018, registered with Shirpur City Police Station, District Dhule, for the offences punishable under Sections 498-A, 497, 406, 377, 323, 504 and 506 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
The report is given by present Respondent No.2 and she has filed reply affidavit. She has mentioned that the parties have settled the dispute. They are parting their ways. She is identified by the counsel. This Court has gone through the contents of reply affidavit. She has given consent for granting relief and she has no intention to give evidence against the Applicants. In view of the nature of allegations, which are mainly against the husband, this Court holds that relief needs to be granted to the Applicants. In the result, the following order is passed:
O R D E R
I.
The application is allowed.
II.
Relief is granted in terms of prayer clause (b). III.
Rule is made absolute in those terms.
[ SMT. VIBHA KANKANWADI, J. ] [ T. V. NALAWADE, J. ] ndm