SANGEETA DAF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith heard finally.

(2.) This is an application under Section 482 of the Code of Criminal Procedure for quashing of the First Information Report together with the final report filed by Police Station Officer, Sakkardara, Nagpur in Crime No.196/2013 for the offence punishable under Section 304-A of the Indian Penal Code.

(3.) Heard Shri N.S. Deshpande, learned counsel for applicant No.1, Shri N.R. Bhisikar, learned counsel for applicant No.2 and Shri S.M. Ghodeswar, learned Additional Public Prosecutor for State and also perused the chargesheet annexed with application. This application is a joint application moved by accused (applicant no.1) and the first informant (applicant no.2) on the ground that during the pendency of the trial before the Court, the applicant No.2 realized that death of his wife, deceased Swati, is a part of destiny which is beyond human control. The applicant No.1- Doctor states on oath that she has a complete realization of the loss caused to the applicant no.2 as well as his daughters. Therefore, they approached to this Court by invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure and jointly prayed that the charge-sheet as well as the Summary Criminal Case No.327763/2013 pending on the file of learned Judicial Magistrate First Class, Corporation Court No.1, Nagpur be set aside.