Manda Siddhart Dambare And 2 Others v. The State Of Maharashtra Thr. Pso, Ps, Jaripatka Nagpur And 1

2024:BHC-NAG:5611-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.

OF 20 1.

Manda Siddhart Dambare, Aged about 59 years, Occupation - household work.

2.

Priyanka Ravindra Lokhande, aged about 37 years, Occupation - household work.

3.

Shweta Rahul Kshirsagar, Aged about 33 years, occupation - household work.

... APPLICANTS

VERSUS

1.

State of Maharashtra, through Police Station Officer, Police Station, Jaripatka, Nagpur.

2.

Lata Narayan Wanjari, aged about 38 years, Occupation - househelp, R/o c/o Ashok Dahat, Barakholi, Near Shashwati Buddha Vihar, Indora, Jaripatka, Nagpur.

... NON-APPLICANTS.

_____________________________________________________________ Shri P.S. Chawhan, Advocate for the applicants. Shri Narale, Addl.P.P. for the State.

Ms. Firdos Mirza, Advocate for non-applicant no.2. ______________________________________________________________ CORAM : VINAY JOSHI AND MRS.

VRUSHALI V. JOSHI , J J.

DATED : 08.05.2024.

JUDGMENT : (Per : Vinay Joshi, J.)

Heard. ADMIT.

2.

The matter is taken up for final disposal by consent of learned Counsel appearing for the parties.

3.

This is an application seeking to quash the Criminal Prosecution bearing R.C.C. No.2572 of 2019 arising out of Crime bearing First Information Report No.20 of 2019 registered with the Jaripatka Police Station, District Nagpur for the offence punishable under Sections 354, 354-B, 452, 294, 506-B and 34 of the Indian Penal Code, on account of mutual settlement.

4.

It is informed that yet the Trial Court has not framed the charges. The informant lady has lodged the report on 26.12.2018, on the basis of which the crime has been registered. It is the informant's contention that on the very day, in the afternoon, around 1.00 p.m., the applicant along with co-accused Rohit (deceased) came to her house and picked up the quarrel. At the relevant time, co-accused Rohit out raged her modesty by touching her chest whilst the applicants also assaulted her by pulling her hair. The Police papers discloses that the principal accused Rohit is dead. The applicants role were restricted to assist the main accused. Besides that the matter has been amicably

settled in between the parties. The informant has filed a reply stating that the matter is settled and she has no objection to quash the proceedings. The informant is present before the Court and has affirmed her reply. The offence cannot be termed has heinous or antisocial. 5.

In view of the above, the application is allowed. We hereby quash and set aside the Criminal Prosecution bearing R.C.C. No.2572 of 2019 pending on the file of 6th Civil Judge, Junior Division and J.M.F.C., Nagpur arising out of First Information Report No.20 of 2019 registered with the Jaripatka Police Station, District Nagpur for the offence punishable under Sections 354, 354-B, 452, 294, 506-B and 34 of the Indian Penal Code.

6.

The Application stands disposed of accordingly. (MRS. V RUSHALI V. JOSHI , J.) (VINAY JOSHI, J.) Trupti