Kishor Uttam Hire v. The State Of Maharashtra And Another

2024:BHC-AUG:14096-DB 965-APPLN-4193-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4193 OF 2023 Kishor Uttam Hire ..APPLICANT

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. G.D. Jain, Advocate for applicant Mr. A.R. Kale, A.P.P. for respondent no.1 - State Mr. M.N.A. Shaikh, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 11th JULY, 2024 PER COURT :

1.

This is an application for quashing the F.I.R., being C.R. No. 497 of 2023 registered with Yawal Police Station, Dist. Jalgaon for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code and consequential charge-sheet no. 80 of 2023 and proceeding, R.C.C. No. 100 of 2023 pending on the file of J.M.F.C., Yawal. 2.

The applicant before us is the cousin father-in-law of the informant. He is resident of Akkalkuwa, Dist. Nandurbar. The allegations in the F.I.R. are to the effect that demand of dowry was supported by this applicant. Close reading of the F.I.R. would indicate that averments in the 1 / 2

965-APPLN-4193-23.odt F.I.R. so far as present applicant is concerned are vague, omnibus and general in nature. Asking the applicant to stand trial on such material would be an abuse of process of Court.

3.

Inspite of strong objection by learned A.P.P. and learned counsel for Respondent No.2, we exercise our power under Section 482 of Cr.P.C. and allow the application in terms of prayer clause (B). ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2