This court quashed an FIR for murder and conspiracy against a young couple following their marriage and voluntary surrender. Consequently, the associated criminal writ petition seeking transfer to CBI was disposed of.
F.I.R. bearing C.R. No. 33 of 2018 was quashed and set aside; Criminal Writ Petition No. 814 of 2018 was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRWP-814-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 814 OF 2018
Sushma Ravindra More Age: 48 years, Occu.: Household, R/o Plot No. 10/4, Nageshwar Colony, Mahabal Area, Jalgaon, Dist. Jalgaon ..PETITIONER
VERSUS
WITH CRIMINAL APPLICATION NO. 3384 OF 2018
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CRWP-814-18.odt
VERSUS
Mr. V.B. Patil, Advocate for petitioner and for respondent no.2 in APPLN/3384/18
Mr. S.B. Deshpande, A.S.G. for respondent no.1 in CRWP/814/18 Mr. A.A. Jagatkar, A.P.P. for respondent nos. 2 to 5 in CRWP/814/18 and for respondent no.1 in APPLN/3384/18
Mr. Shaikh Mohd. Naseer, Advocate for applicants
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CRWP-814-18.odt
CORAM : S.S. SHINDE AND R.G. AVACHAT, JJ. RESERVED ON : 16th JANUARY, 2019 PRONOUNCED ON : 24th JANUARY, 2019
JUDGMENT (PER : R.G. AVACHAT, J.)
Rule. Rule made returnable forthwith. With the consent of the parties heard finally.
“B] By appropriate writ, order or direction in the like nature of writ, may please kindly be transfer the investigation of Crime/F.I.R. No.33 of 2018 registered at Ramanand Nagar Police Station, Jalgaon dated 01.03.2018 u/s 302, 201, 120-B of I.P.C. to the Independent Investigation Agencies under the Union of India like Central Bureau of Investigation or any other and for that purposes appropriate and suitable orders may kindly be passed.”
Whereas Criminal Application No. 3384 of 2018 has been filled for the relief of quashing and setting aside F.I.R. bearing C.R. No. 33 of 2018 dated 01st March, 2018 registered with Ramanand Police Station,
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CRWP-814-18.odt
Jalgaon for the offences punishable under Sections 302, 201 and 120-B of the Indian Penal Code against Applicant Nos. 2 to 8.
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CRWP-814-18.odt
( R.G. AVACHAT, J. ) ( S.S. SHINDE, J. )
SSD
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3 issues framed by the court
Whether FIR registered for murder, attempt to murder and criminal conspiracy should be quashed when a privately married couple is found alive.
Whether the investigation should be transferred to independent agencies like CBI.
Whether quashing of FIR under Section 482 CrPC is appropriate in matrimonial dispute cases where parties are found surrendering voluntarily.
2 provisions across 2 enactments
Sushma Ravindra More
The Union of India
The State of Maharashtra
The Director General of Police Maharashtra State
The District Superintendent of Police, Jalgaon
The Ramanand Nagar Police Station
S.S. Shinde
R.G. Avachat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
