Bombay High Court
Rajik Ahmad Anwar Ahmad vs State Of Maharashtra Thr. Pso P.S. ... on 22 June, 2018
Author: R.K. Deshpande
Bench: R.K. Deshpande
apl36.18.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.36/2018
APPLICANT : Rajik Ahmad Anwar Ahmad
Aged about 35 years,
Occupation : Business,
R/o Azad Colony, Walgaon, Road,
Amravti, Dist. Amravati.
...VERSUS...
NON-APPLICANTS : 1. State of Maharashtra,
through PSO, P.S. Ramnagar,
Distt. Gondia, Tah. and District -
Gondia.
2. Smt. Anita wd/o Shrikant Tank
Aged about 35 years,
R/o Panchayat Samiti Colony,
Marartoli, Gondia,
Tah. & District - Gondia.
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Shri P.V. Navlani, Counsel for applicant
Shri N.R. Rode, APP for non-applicant no.1
Shri V.S. Oberai, Counsel for non-applicant no.2
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CORAM : R.K. DESHPANDE AND
ARUN D. UPADHYE, JJ.
DATE : 22/06/2018
ORAL JUDGMENT (PER : ARUN D. UPADHYE, J.)
1. Rule. Rule made returnable forthwith. The criminal application is heard finally with the consent of the learned Counsel for the parties.
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2. By this criminal application filed under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside F.I.R. No.491/2017 dated 19/12/2017 registered with Police Station Ramnagar, District Gondia for the offence punishable under Section 306 of Indian Penal Code.
3. The non-applicant no.2 - Smt. Anita Tank is the wife of deceased Shrikant. She lodged report in the Police Station Ramnagar. In the complaint, she alleged that her marriage was solemnized with deceased Shrikant in the year 2004. Her husband - Shrikant was serving with applicant and doing the work of billing. It is alleged that her husband was assaulted by the applicant and he also defamed him that his wife is characterless. The deceased therefore addicted with liquor due to said fact and thereafter committed suicide on 1/9/2017 at about 2:30 a.m. The applicant is therefore responsible for the death of her husband. On the basis of the report offence vide Crime No.491/2017 was registered under Section 306 of Indian Penal Code against the applicant.
4. We have heard the learned Counsel for the applicant. He submitted that there is no nexus between the alleged incident and allegations made against the applicant. The non-applicant no.2 is ::: Uploaded on - 26/06/2018 ::: Downloaded on - 27/06/2018 00:57:10 ::: apl36.18.odt 3 appeared in the proceedings and filed reply to the effect that she had no grievance against the applicant. The matter is settled amicably between the parties and therefore, the F.I.R. be quashed.
5. Shri Rode, the learned Additional Public Prosecutor for the non-applicant no.1 however objected for the same.
6. Shri Oberai, the learned Counsel for the non-applicant no.2 submitted that the non-applicant no.2 has no objection if the F.I.R. is quashed.
7. After considering the submissions of both sides and after going through the F.I.R., we are of the view that since the complainant does not want to proceed further against the applicant, it is futile to proceed against the applicant/accused with the criminal proceedings, i.e., F.I.R. filed against him. The F.I.R. therefore is liable to be quashed and set aside.
8. The learned Counsel for the applicant has relied upon the decision of this Court in the case of Dilip s/o Ramrao Shirasao and Ors....Versus...State of Maharashtra and another, reported in 2016 ALL MR (Cri) 4328.
9. In view of the ratio laid down in he above said ruling and in view of the fact that the non-applicant no.2 has settled the matter ::: Uploaded on - 26/06/2018 ::: Downloaded on - 27/06/2018 00:57:10 ::: apl36.18.odt 4 with the applicant, we have no hesitation to quash the F.I.R. registered against the applicant/accused. Hence, we pass the following order :-
O R D E R Criminal Application is allowed. F.I.R. No.491/2017 dated 19/12/2017 registered with Police Station Ramnagar, Distt, Gondia, Tah. and District Gondia for the offence punishable under Section 306 of Indian Penal Code against the applicant is hereby quashed and set aside.
Rule is made absolute in the aforesaid terms.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.)
Wadkar, P.S.
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