Siddhant Madhukar Jumde And Another v. State Of Mah. Thr. Pso Ps Malegaon Tq.Malegaon Dist.Washim And Another

2025:BHC-NAG:3189-DB 8.apl.837.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.837 OF 2022 Siddhant Madhukar Jumde and others .Vs. State of Maharashtra, through PSO, PS Malegaon, Washim and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. R.S. Kurekar, Advocate for applicants.

Mr. S.A. Ashirgade, A.P.P. for non-applicant/State. CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATE : 26/03/2025 1.

The informant alleged that, the applicants who are the accused in Crime No.191 of 2022, registered with Police Station, Malegaon, Dist. Washim, committed offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961. It is stated that, the marriage of applicant No.1 was fixed with the informant but all the applicants opposed the said marriage and put a condition for marriage to pay Rs.10,00,000/- as dowry.

2.

We have gone through the statement of the informant recorded under Section 161 of the Code of Criminal Procedure, 1973, and the First Information Report, from which, it is evident that, there are allegations that attracts the alleged offence against the applicant Nos.1 to 3.

3.

However, the allegations against the applicant Nos.4 and 5 are concerned, those are vague and in absence

8.apl.837.22.odt of sufficient evidence against the applicant Nos.4 and 5, we are of the opinion that, a case is made out for quashing of the chargesheet in favour of the applicant Nos.4 and 5. 4.

Whereas, as regards the applicant Nos.1 to 3, since a prima facie case is made out, we are not inclined to interfere. Accordingly, we pass the following order:- (a) The application is partly allowed.

(b) The application as regards applicant Nos.1 to 3 is rejected.

(c) The Chargesheet No.02 of 2023, dated 25.01.2023, is hereby quashed and set aside to the extent of applicant Nos.4 and 5.

(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) C.L.Dhakate