Priya W/O Sachinsing Sengar And 5 Others v. State Of Mah. Thr. Pso Mouda Dist.Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 282 OF 2021 1.Sou. Priya w/o Sachinsing Sengar, Age about : 32 years, Occ : Household.

(Ori. Complainant) 2.Sachinsing s/o Kalyansing Sengar, Age : 38 years, Occ : Business.

(Ori. Accused) 3.Kalyansing s/o Chhangansing Sengar, Age : 63 years, Occ : Farmer.

(Ori. Accused) 4.Sou. Chandrakanta w/o Kalyansing Sengar, Age about : 60 Yrs., Occ - Household.

(Ori. Accused) All 1 to 4 R/o Indrapuri, Tah. Mouda, Dist. Nagpur.

5.Sou. Manisha w/o Rameshsing Rathod, Age about : 36 yrs, Occ : Household, R/o Vitthal Nagar-2, Manewada, Nagpur.

(Ori. Accused) 6.Sou. Sarita w/o Bharatsing Thakur, Age about : 34 yrs, Occ : Household, R/o Near Gandhi Putla, Gandhibag, Nagpur.

(Ori. Accused) ... APPLICANTS V E R S U S State of Maharashtra, Through P.S.O. Mouda, Dist. Nagpur.

... NON-APPLICANT ------------------------------------------------------------------------------------------- Shri N. S. Giripunje, Advocate for applicants. Ms. Mayuri Deshmukh, Additional Public Prosecutor for nonapplicant-State. -------------------------------------------------------------------------------------------

CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.

DATED : 25/02/2021.

ORAL JUDGMENT : (PER :

AMIT B. BORKAR, J.) 1.

Heard.

2.

Rule. Rule made returnable forthwith.

3.

By this application under Section 482 of the Code of Criminal Procedure, the applicants have jointly filed this application for quashing of First Information Report No.90/2017 for the offences punishable under Sections 498-A and 34 of the Indian Penal Code.

4.

The applicant No.1 is the Original Complainant / Informant and the applicant Nos.2 to 6 are accused. 5.

The applicants have stated in the application that they have resolved their matrimonial dispute and the applicant No.1 does not want to prosecute the applicant Nos.2 to 6 in relation to Crime No.90/2017. The application is affirmed by the applicant No.1. The applicant No.1 is present in Court who has been identified by the learned Advocate for the applicants.

6.

We have scrutinized the contents of the First Information Report which are personal in nature. Therefore, we do not find any impediment in quashing First Information Report No.90/2017, Charge Sheet No.65/2017 and Regular Criminal Case No.165/2017 pending on the file of Judicial Magistrate First Class, Mouda, Dist. Nagpur registered against the applicants. 7.

We, therefore, pass the following order :- First Information Report No.90/2017, Charge Sheet No.65/2017 and Regular Criminal Case No.165/2017 pending on the file of Judicial Magistrate First Class, Mouda, Dist. Nagpur are quashed and set set aside.

8.

Rule is made absolute accordingly.

JUDGE JUDGE Choulwar