Bombay High CourtAPL/467/2019dismissed

Mayur S/O Suresh Satpute v. State Of Mah, Thr P.So. P.S Achalpur, Amravti

2019-05-02Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Vinay Joshi2 pages

1 apl467.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.467 OF 2019 (MAYUR SURESH SATPUTE...VS.. STATE OF MAHARASHTRA, THR. PSO PS ACHALPUR & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mahesh Rai, Advocate for Applicant.

Shri A.M.Balpande, A.P.P. for Non-applicant No.1. CORAM : Z.A.HAQ AND VINAY JOSHI, JJ.

DATED : MAY 02, 2019.

This is an application for quashing of First Information Report and pending Criminal Case bearing Regular Criminal Case No. 588 of 2016 for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1986. It is brought to our notice that the offence was registered against the petitioner as well as his parents and other relatives. Earlier, except the applicant (husband), rest of the family members had approached this Court vide Criminal Application No.797 of 2016 seeking quashing of the concerned First Information Report. The said application was allowed and the First Information Report against the applicants therein was quashed and set aside. For the reasons best known to the applicant, he had not joined the said application.

But, now relying on the fact that this Court has granted relief to the co-accused, the applicant has filed this application. Had the situation been similar, then there was no reason for the applicant to remain back-footed. It is brought to our notice that after discharge of co-accused, the applicant had applied to this Court but this Court has shown non-inclination to grant relief as remedy for discharge was available.

2 apl467.19 Now, it is brought to our notice that already charges are framed and the recording of evidence before the trial Court has started. In the wake of such developments, we are not inclined to interfere in the matter.

Hence, the application stands dismissed.

(VINAY JOSHI, J.) (Z.A.HAQ, J.) RRaut..