Babasaheb Sitaram Chadedar v. State Of Maharashtra Thr Pso. Ps. Deolgaonraja, And ANR.

954-apl313.25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) No.313 OF 2025 (Babasaheb Sitaram Chadedar Vs. The State of Maharashtra, through Deolgaonraja Police Station, Distt. Buldhana and another) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.C. Deshpande, Advocate for Applicant.

Ms. Mayuri Deshmukh, APP for respondent No.1. Mr. Aniket Tapadia, Advocate for respondent No.2. CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATE : 2 nd MAY, 2025.

1.

Heard learned counsel for the applicant, learned Additional Public Prosecutor for respondent No.1 and learned counsel for respondent No.2.

2.

In the present matter the prayer is made to quash and set aside the F.I.R. No.358/2024, dated 11.9.2024, registered with Police Station Deulgaon Raja, District Buldhana, for the offence punishable under Section 142 of Bhartiya Nyaya Sanhita, 2023.

3.

The respondent No.2 claims to be the daughter of one Bramhadeo Piraji Chittekar and it is alleged that the applicant abducted her father to get his property transferred in his name.

4.

Learned counsel for quashing of F.I.R. has argued that there is no complaint made by Bramhadeo Piraji Chittekar about such abduction and as far as informant is concerned Bramhadeo Piraji Chittekar has denied his relation with her.

954-apl313.25.odt 2/2 He further pointed out the affidavit filed before this Court as well as before the trial Court stating therein that affidavit before this Court and before the trial Court by Bramhadeo Piraji Chittekar stating therein that he was never abducted by the present applicant.

5.

In that view of the matter and considering the fact that Bramhadeo Piraji Chittekar is denying the relations with the informant and also denying the allegation made of abduction in the F.I.R., in such a situation even if the trial is conducted no purpose would be served and whole exercise will be futile one.

6.

In that view of the matter, we are of the opinion that this is a fit case for quashing the F.I.R. Hence, we pass the following order :

O R D E R

(i) The application is allowed.

(ii) The F.I.R. No.358/2024, dated 11.9.2024, registered with Police Station Deulgaon Raja, District Buldhana, for the offence punishable under Section 142 of Bhartiya Nyaya Sanhita, 2023 is hereby quashed and set aside.

(iii) The application is disposed of.

(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 08/05/2025 11:22:37