LAWS(BOM)-2023-7-424

NIKITA Vs. STATE OF MAHARASHTRA

Decided On July 24, 2023
NIKITA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Admit. Heard finally with the consent of learned counsel appearing for the parties.

(2.) Both applications are taken together for disposal since they relate to the counter cases, arising out of same incident dtd. 14/09/2020 at around 7.30 a.m. in front of house of the parties.

(3.) Both sides are closely related to each other and residing in the neighbourhood. Criminal Application (APL) No.812/2020 has been filed by the applicants namely; Nikita Gajbhiye, Usha Gajbhiye and Prerna Gajbhiye, seeking to quash FIR in Crime No.455/2020 for the offence punishable under Ss. 324, 504 and 506(2) of the Indian Penal Code along with charge sheet. It is applicants' case that respondent No.2 (informant) namely; Mukund Gajbhiye is their close relative and residing adjacent to them. There was a dispute in between the neighbours on account of boundary wall. It is informants case that on 14/09/2020 at around 7.30 a.m. while he was at his house, the dispute arose in which the applicants have assaulted him as well as to his mother namely; Anjanabai Gajbhiye. Particularly applicant - Nikita Gajbhiye pulled hair of Anjanabai whilst applicant - Prerna Gajbhiye beat at the leg of Anjanabai and therefore, the report.