High Court of Judicature at Bombay Quashes/Dismisses Criminal Application Under Section 482 of Code of Criminal Procedure, 1973 in FIR Alleging Offence Under Section 313 of Indian Penal Code. The Applicant is Accused No.2 in FIR No. I 336 of 2016, registered for offences under Sections 376(1), 313 and 506 IPC, with the allegation against him specifically under Section 313 IPC, and interim relief had been granted.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The Applicant, accused no.2, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of First Information Report (FIR) No. I 336/2016 dated 17 November 2016 registered with Indira Nagar Police Station, Nashik, for the offences punishable under Sections 376(1), 313 and 506 of the Indian Penal Code (IPC). The allegation against the Applicant was specifically under Section 313 of the IPC. The application was admitted on 19 April 2023 and interim relief was granted in favour of the Applicant. The matter came up for hearing on 26 June 2025 before a Division Bench of the High Court of Judicature at Bombay. No further details regarding the arguments or the final decision are available in the extracted text.

Issue of Consideration

Whether the FIR and charge-sheet against the applicant for offence under Section 313 IPC should be quashed under Section 482 CrPC

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Case Details

2025 LawText (BOM) (06) 64

Criminal Application No. 328 of 2017

2025-06-26

A.S. Gadkari, J., Rajesh S. Patil, J.

2025:BHC-AS:32035-DB

Mr. Shekhar Ingawale i/b. Ms. Smita Gaidhani for Applicant; Smt. Prajakta P. Shinde, A.P.P. for Respondent No. 1 – State; Mr. Tushar Sonawane for Respondent No. 2

Dr. Umesh Ramesh Marathe

The State of Maharashtra and Priti Madhav Rayate

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Nature of Litigation

Criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of First Information Report and charge-sheet

Remedy Sought

The Applicant is seeking quashing of the First Information Report (FIR) and further proceedings arising thereof i.e. the charge-sheet, qua the Applicant

Filing Reason

Allegation against the Applicant under Section 313 of the Indian Penal Code

Previous Decisions

Application Admitted and interim relief granted on 19 April 2023

Issues

Whether the FIR and charge-sheet against the applicant for offence under Section 313 IPC should be quashed under Section 482 CrPC

Judgment Excerpts

By this Application under Section 482 of the Code of Criminal Procedure, the Applicant (Accused No.2) in C.R.No. I 336 of 2016 dated 17th November, 2016, registered with Indira Nagar Police Station, Nashik for the offence punishable under Sections 376(1), 313 and 506 of the Indian Penal Code (IPC), is seeking quashing of the said First Information Report (FIR) and further proceedings arising thereof i.e. the charge-sheet, qua the Applicant. Record indicates that, by an Order dated 19th April 2023, the Application was Admitted and interim relief in favour of Applicant was granted.

Procedural History

Application filed; Admitted on 19 April 2023 with interim relief; Heard on 26 June 2025

Acts & Sections

  • Code of Criminal Procedure, 1973: 482
  • Indian Penal Code: 376(1), 313, 506
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High Court High Court of Judicature at Bombay Quashes/Dismisses Criminal Application Under Section 482 of Code of Criminal Procedure, 1973 in FIR Alleging Offence Under Section 313 of Indian Penal Code. The Applicant is Accused No.2 in FIR No. I 336 of 2016, re...
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