Sonal Kailash Choudhary And 5 Others v. State Of Mah. Thr. Pso Nandgaonpeth Ps And Another

908-apl 194-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.

OF 20 Sonal Choudhary and Ors. -Vs-The State of Maharashtra and anr. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------ -------------------------------------------------------------------------------------------------------- Mr.Shyam Dewani counsel a/w Sahil Dewani, counsel for the applicants. Ms. Swati Kolhe, A.P.P for non-applicant State. CORAM VINAY JOSHI & MRS. VRUSHALI V.JOSHI, JJ.

DATE : 5th FEBRUARY, 2024.

1.

Heard.

2.

This is an application seeking to quash the First Information Report in Crime No. 0282 of 2023 registered with Police Station Nandgaon Peth Dist.Amravati City for the offences punishable under Sections 380,384,385,420,504 and 506 r/w 34 of the Indian Penal Code.

3.

It is brought to our notice that the parents of one Swati, who was erstwhile wife of the informant have similarly approached to this Court vide Criminal Application No.10 of 2024 seeking to quash the First Information Report. Considering the nature of the allegations, we have granted interim protection to them. 4.

Applicant No.1 is sister of Swati, whilst, applicant No.2 is said to be in relation with Swati and Kavita

908-apl 194-24.odt 2/2 applicant Nos. 3 to 6 are friends of Swati. It is submitted that despite dissolution of marriage, in order to pressurise relatives as well as well wishers have been dragged in the dispute.

5.

Learned counsel for the applicants seeks interim relief placing his reliance upon the case of Neeharika Infrastructure Pvt.Ltd. Vs.State of Maharashtra and ors. reported in 2021 SCC Online SC 315 contending that this is an exceptional case, where the investigation is required to be stayed.

6.

In view of the peculiar facts, issue notice to the non-applicants, returnable after six weeks. 7.

Learned APP waives service of notice for nonapplicant No.1. 8.

In the meantime, investigation shall go on, but charge-sheet shall not be filed without leave of this Court.

9.

We also direct that no coercive action shall be taken against the applicants till further orders of this Court.

JUDGE JUDGE Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 06/02/2024 18:19:04 Kavita