PRANJAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent.

(2.) This application is filed under Section 482 of the Code of Criminal Procedure for quashing of F.I.R. No.370 of 2017, dt.17.6.2017 registered for the offences punishable under Sections 498-A, 504 r/w. 34 of the Indian Penal Code and consequent proceedings arising out of the same being Regular Criminal Case No.678 of 2018 pending on the file of learned Judicial Magistrate, First Class, Court No.7, Nagpur.

(3.) Heard Mr.Rajnish Vyas, learned Counsel for the applicants and Mr.S.A.Ashirgade, learned Additional Public Prosecution for respondent no.1/State. Respondent no.2 though served, in-spite of granting opportunity to defend the application, she did not choose to defend the same. Learned Counsel for the applicants has not pressed this application for applicant no.1, who is husband of respondent no.2. As such, we have considered the same for applicant nos. 2 to 5. Applicant nos.2 and 3 are father and mother respectively of applicant no.1, applicant no.4 is sister of applicant no.1 whereas applicant no.5 is husband of applicant no.4. Mr.Rajnish Vyas, learned Counsel for the applicants submitted that the averments made in the F.I.R. and final report would clearly reveal that the same are omnibus and without any reference to date and time. The allegations are exaggerated, which fail to disclose commission of any cognizable offence. That being so, the F.I.R. and final report are liable to be quashed and set aside.