1 CR.WP NO.1183/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1183 OF 2010 1. Mrs. Shilpa Kapil Agrawal, age 30 years, Occu: Doctor, r/o 701, Ashtavinayak Apartment, Dhokali, Thane, Dist. Thane. 2. Manish Madhusudan Agrawal, Age: 27 years, Occu: Business, 3. Mrs. Shital Manish Agrawal, Age: 25 years, Occu: Household, 4. Mrs. Lata Madhusudan Agrawal, Age: 60 years, Occu.Household, Petitioner Nos. 2 to 4 r/o c/o. Shilpa Oil Industries, Near Old Bus Stand, Digras, Dist. Yeotmal. ...PETITIONERS VERSUS 1. The State of Maharashtra (Through P.S.Deopur, Tq. & Dist. Dhule. 2. Haridas Ramnath Agrawal, Age: 70 years, Occu: Nil, r/o Nagal colony, Nakane Road, Deopur, Dhule, Dist. Dhule. ...RESPONDENTS ... Mr.N.N.Chitlange, Adv., for the petitioner. Mr.N.B.Patil, APP for State. Mr.H.F.Pawar, Adv., for respondent no.2. ... 2 CR.WP NO.1183/2010 CORAM: K.U.CHANDIWAL, J. DATE:18/1/2011 *** PER COURT : 1. Heard. Mr.H.F.Pawar, Counsel, has filed power on behalf of original complainant/respondent no.2. Both the parties are present before this Court. 2. By the present petition, the petitioner has prayed for quashing and setting aside the proceedings in RCC No.844/2010 pending before the learned Judicial Magistrate, First Class-VI, Dhule, filed in pursuance to M-Case No.78/2010, registered by Deopur Police Station, Dhule, for the offense under Sections 452, 323, 352, 386, 387, 504, 506(2) 427 and 34 of IPC. 3. Learned Counsel for the complainant submits that the complaint against the petitioners herein was under a wrong advice and the matter being resolved, he does not desire to prosecute the complaint, which was basically in terms of Section 156(3) of Cr.P.C. moved before the learned Judicial Magistrate, First Class, Dhule. 4. On perusal of the complaint, prima facie, I find that the offense alleged to have 3 CR.WP NO.1183/2010 been committed by the accused/applicants, could not have been so effectively done. It is in order to give a pressure upon the petitioners/accused, the prosecution is initiated. Even otherwise, it is required to be quashed since matter is resolved. The prosecution, being a persecution in its nature, is quashed. Petition allowed. (K.U.CHANDIWAL) JUDGE agp/1183-10crwp