Sau. Manjushi W/O Atul Amle v. The State Of Maharashtra, Through P.S.O. P.S. Shegaon, Buldhana And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 487 OF 2015 Sau. Manjushi w/o Atul Amle, Age about : 30 years, Occ : Housewife, R/o Tarangan Nagar, Shegaon Naka, Tq. and Dist. Amravati.

... APPLICANT V E R S U S 1.The State of Maharashtra, Through Police Station Officer, Police Station Shegaon City, Distt. Buldhana.

2.Sau. Rupali w/o Satish Shelke, Age : 29 yrs, Occ - Service, R/o C/o Babarao Ramrao Bhuibhar, Nimbhora, Police Station Akot file, Distt. Akola.

... NON-APPLICANTS ------------------------------------------------------------------------------------------- Shri S. S. Dhengale, Advocate for applicant.

Shri N.S.Rao, Additional Public Prosecutor for non-applicant No.1State. Shri R. D. Bhuibhar, Advocate for non-applicant No.2. ------------------------------------------------------------------------------------------- CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.

DATED : 01/03/2021.

ORAL JUDGMENT : (PER :

Z.A. HAQ, J.) 1.

By this application under Section 482 of the Code of Criminal Procedure, the applicant - accused has prayed that the First Information Report in relation to proceedings of R.C.C. No.144/2015 pending against the applicant before the learned Judicial Magistrate First Class pursuant to the filing of Charge Sheet No.103/2015, be quashed.

2.

The applicant is sister of husband of the nonapplicant No.2 - Informant. The facts on record show that the applicant got married with Atul Amle on 04/07/2007 and has been residing at her matrimonial house at Amravati since then. The non-applicant No.2 - Informant was residing with her husband at the relevant time at Shegaon, Dist. Buldhana. 3.

Learned Advocate for the non-applicant No.2, on instructions, informed that the non-applicant No.2 - Informant is also now residing at her matrimonial house since last 4 years and she does not want to continue with her complaint against the applicant.

4.

In view of above facts, we deem it fit to exercise jurisdiction under Section 482 of the Code of Criminal Procedure. 5.

Hence, the following order is passed :- First Information Report No.70/2015 filed by the non-applicant No.1 - Police Station Officer against the applicant before learned Judicial Magistrate and consequential R.C.C. No.144/2015 pending before the learned Judicial Magistrate First Class, Shegaon are quashed.

6.

Rule is made absolute accordingly.

JUDGE JUDGE Choulwar