Somesh Anil Kaurwar And Others v. The State Of Maharashtra And Another

3 appln.4090.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

3 CRIMINAL APPLICATION NO. 4090 OF 2024 SOMESH ANIL KAURWAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Gautam Jaywant Karne. APP for Respondent / State : Mr. G. A. Kulkarni. ...

CORAM :

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

13th February, 2025.

P.C.:

.

Present application has been filed for quashment of the FIR vide C.R. No.281 of 2024, dated 25th July, 2024, registered with Vimantal Police Station, District Nanded, for the offence punishable under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code.

Heard the learned counsel for the applicants and the learned APP for respondent No.1 / State.

After perusal of the FIR, we are of the opinion that there is a prima-facie case against applicant Nos.1 and 2 and therefore, this is not a fit case where we should exercise our inherent powers under Section 482 of the Code of Criminal Procedure in their favour.

3 appln.4090.24.odt However, applicant Nos.3 and 4 are the married sisters-in-law of respondent No.2, who are residing in their matrimonial home and though applicant No.3 appears to be residing in the same district, but yet, she resides at Himayatnagar, which is a different Taluka place and therefore, their case can be considered after hearing respondent No.2. Hence, application stands dismissed as against applicant Nos.1 and 2. The application to proceed for the reliefs claimed on behalf of applicant Nos.3 and 4.

Issue notice to the respondents.

The learned APP waives notice for respondent No.1. Notice of respondent No.2 is made returnable on 20th March, 2025.

[ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga