Asha W/O Mukesh Gichre v. The State Of Maharashtra Through Police Staton Kalmeshwar Nagpur And Another.

2024:BHC-NAG:8742-DB 1 29.apl.226.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 226 OF 2024 Asha w/o. Mukesh Gichre, Aged about 47 years, Occ.- Safai Kamgar, R/o. Sweeper Colony, Municipal High School, Ward No.10, Kalmeshwar, Nagpur - 441501.

... APPLICANT ...VERSUS...

1. State of Maharashtra, Through Police Station Kalmeshwar, Nagpur.

2. Mr. Haridas s/o. Ghanshyam Chamke, Aged about 45 years, Occ.- Service, C/o. Shriniketan Colony, Ward No.14, Police Station, Kalmeshwar, Nagpur - 441501.

...NON-APPLICANTS ------------------------------------------------------------------------------------------------ Mr. Santosh Nimje, Advocates for Applicant.

Ms. Mayuri Deshmukh, A.P.P. for Non-applicant/State. Mr. Kunal Nandurkar, Advocate for Non-applicant No.2. ----------------------------------------------------------------------------------------------- CORAM : VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ.

DATED :- 07.08.2024 ORAL JUDGMENT (PER :

VINAY JOSHI , J.

) :- Heard finally by consent of both the learned counsel for the parties.

(2) Admit.

2 29.apl.226.24.odt (3) This is an application seeking to quash the First Information Report bearing Crime No.126/2016 registered with Kalmeshwar Police Station, Nagpur for the offence punishable under Sections 353, 186, 504, 506 read with Section 34 of the Indian Penal Code along with charge-sheet No.209/2016 and R.C.C.No.179/2016, on account of settlement in between the parties. The applicant is one of the accused in the said crime. (4) The informant is present before us and filed reply/affidavit stating that the applicant had no role and thus, he has no objection to quash proceeding. We have already considered a similar aspect in Criminal Application (APL) No.149/2023 and Criminal Application (APL) No.1547/2023 whereby we have quashed prosecution against co-accused Sau. Radha @ Arti w/o. Arun Behuniya and Manisha @ Minakshi w/o. Yavraj Gichre, who stand on the same footing. For the reasons recorded therein, continuation of prosecution amounts to abuse of the process of Court, hence, the following order :

O R D E R

(i) Criminal application is allowed and disposed of. (ii) The First Information Report bearing Crime No.126/2016 registered with Kalmeshwar Police Station, Nagpur for the offence punishable under Sections 353, 186, 504, 506 read with Section 34 of the Indian Penal Code along with criminal

3 29.apl.226.24.odt prosecution mentioned in R.C.C. No.179/2016 and chargesheet No.209/2016, is hereby quashed and set aside as regards to applicant - Asha w/o. Mukesh Gichre only. (MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 09/08/2024 16:01:25