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Subhash S/O. Bapurao Wankhade … vs State Of Maharashtra Thr. Polie … on 18 December, 2019

1 jg.apl 745.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.

Criminal Application (APL) No. 745 of 2017

Subhash s/o Bapurao Wankhade,
(Bhadant Amol Bodhi),
Aged about 57 years,
R/o Anand Buddha Vihar, Matafail,
Juni Basti, Badnera,
Tq. Dist. Amravati. ….. Applicant

// Versus //

(1) State of Maharashtra,
through Police Station Officer,
Police Station, Asegaon,
Tq. Dist. Amravati.

(2) Meerabai Subhash Wankhade,
Aged about 55 years, Occ. : Labour,
R/o Virulpurna, Tq. Chandur Bazar,
Dist. Amravati.

(3) The Superintendent of Police,
Amravati. ….. Non-applicants/
Respondents
—————————————————————————————————
Shri P. R. Agrawal, Advocate for the applicant
Shri S. P. Deshpande, APP for the State/non-applicant nos. 1 and 3
Shri A. S. Ambatkar, Advocate for the non-applicant no. 2
—————————————————————————————————————————

CORAM : Z. A. HAQ AND
M. G. GIRATKAR, JJ.

DATE : 18/12/2019
Oral Judgment (Per : Z. A. Haq, J.)

Heard.

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2 jg.apl 745.2017.odt

2. Rule. Rule made returnable forthwith.

3. The applicant/accused has filed this application under

Section 482 of the Code of Criminal Procedure praying that the First

Information Report registered against him on complaint lodged by the

non-applicant no. 2 for offence punishable under Section 498A of the

Indian Penal Code be quashed.

4. Learned Advocate for the applicant has pointed out the

circumstances in which the dispute between the accused and informant

(wife) got precipitated. The wife nurtured grievance against the

husband that he was not taking care of wife and son. It is pointed out

that the applicant had taken Diksha of Buddha Dharma (Bhikku).

5. Be that as it may, the non-applicant no. 2 has now filed

affidavit sworn on 25-11-2019 stating that she does not want to

continue with the prosecution of the applicant and wants to give quietus

to the proceedings.

6. Considering the facts of the case, we are of the view that

the relief sought by the applicant has to be granted to sub-serve the ends

of justice.

Hence, the following order :

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3 jg.apl 745.2017.odt

(i) First Information Report No. 233/2017 registered with the non-

applicant no. 1 – Police Station against the applicant is quashed.

(ii) Rule is made absolute accordingly. No costs.

JUDGE JUDGE

wasnik

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