Madhuri Sadhuprasad Pande v. State Of Maharashtra Thr. Police Station Officer Dattapur Dist. Amravati And Another
2025:BHC-NAG:5847-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.651 OF APPLICANT :
Dr. Raviraj Sadhuprasad Pande, Aged about 32 years, Occ- Medical Practice, Resident of Shri Venkatesh Colony, Amravati, District Amravati.
..VERSUS..
NON-APPLICANTS :
1) State of Maharashtra, Through Police Station Officer, Dattapur, District Amravati.
2) Raj Mohan Mehra, Age 26 years, Occ - Not Known, Resident of Datta-vihar Colony, Tapovan Gate, Gadge Nagar, Amravati, District Amravati.
WITH CRIMINAL APPLICATION (APL) NO.657 OF APPLICANT :
Madhuri Sadhuprasad Pande, Aged about 39 years, Occ.:
Agriculturist, Resident of Ashegaon, Post Wathona, Tahsil Dhamangaon Rly, District Amravati.
..VERSUS..
NON-APPLICANTS :
1) State of Maharashtra, Through Police Station Officer, Dattapur, District Amravati.
2) Raj Mohan Mehra, Age 26 years, Occ - Not Known, Resident of Datta-vihar Colony, Tapovan Gate, Gadge Nagar, Amravati, District Amravati.
------------------------------------------------------------------------------------------------------------------------------------ Mr Alok Daga, Advocate for both the Applicants Mr. Ujwal Phasate, A.P.P. for the Non-applicant No.1/State. Mr. Prajakta Lakhani, h/f Mr Alok Daga, Advocate for Non-applicant No.2. ------------------------------------------------------------------------------------------------------------
CORAM
: ANIL S. KILOR AND VRUSHALI V. JOSHI, JJ.
DATE : 23/0 6 /2025 ORAL JUDGMENT : (Per : Anil S. Kilor, J.) 1.
Heard.
2.
Rule. The Rule is made returnable forthwith. Heard finally by consent of learned counsel for the respective parties. 3.
By way of both the applications, a prayer is made for quashing of First Information Report (FIR) No.122 of 2018 dated 03.07.2018 registered with Police Station Dattapur, Dist. Amravati Rural, for the offence punishable under Sections 389 and read with Section 34 of the Indian Penal Code (IPC). 4.
There are multiple FIRs filed by the present applicant and his sister against the non-applicant No.2 and vice versa. 5.
This Court, in Criminal Application (APL) No.102 of 2021 (Raj S/o Mohan Mehra Vs. State of Maharashtra and ors.) and Criminal Application (APL) No.94 of 2021 (Raj S/o
Mohan Mehara, Vs. The State of Maharashtra and ors.) decided on 12.06.2025, filed by the present non-applicant No.2 against the FIRs lodged by the present applicants, while allowing the applications, has observed that both the parties with an intention to falsely implicate the other party have lodged the complaints against each other.
6.
Even after going through the contents of the FIRs and the allegations, this fact can be realized and it can further be seen that the complaint is vexatious and filed with above referred oblique motive.
7.
Therefore, we are of the opinion that allowing to conduct the trial, in such matters, would amount to an abuse of process of law. In that view of the matter, though the learned A.P.P. and the learned counsel for the non-applicant No.2 strongly opposed the present applications, we are of the opinion that, this is a fit case for quashing the FIR. Accordingly, we pass the following order :
i) Both the Criminal Applications are allowed.
ii) The First Information Report (FIR) No.122 of 2018 dated 03.07.2018 registered with Police Station Dattapur, Dist. Amravati Rural, for the offence punishable under Sections 389 and read with Section 34 of the Indian Penal Code (IPC), are hereby quashed and set aside against the both the applicants. Rule accordingly.
(VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) ND.THAWRE