Kunal S/O. Naresh Kondalwar vs State Of Maharashtra Thr. P.S.O. ...
2017 Latest Caselaw 5837 Bom

 1008APL500.17-Judgment                                                                         1/4


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

                 CRIMINAL APPLICATION NO.   500  OF   2017


 APPLICANT :-                         Kunal   S/o   Naresh   Kondalwar,   Aged   :   25
                                      Years, Occ: Education/ Private Job, R/o: Plot
                                      No.13,   Chitanvis   Nagar,   Bada   Taj   Bag,
                                      Umrer Road, Nagpur.                  

                                         ...VERSUS... 

 NON-APPLICANTS :-               1) State of Maharashtra, Through  P.S.O., P.S.
                                    Lakadganj, Nagpur. 

                                 2) Pravin s/o Narayanbhai Patel, Age: 53 years,
                                    Occ: Business, R/o Shreyas Apartment, Flat
                                    No.201, Near Kachi Visa Bhavan, Lakadganj,
                                    Nagpur. 


 ---------------------------------------------------------------------------------------------------
   Ms Rohini Khapekar and Mr. Ashish Nayak, counsel for the applicant.
      Ms Tajwar Khan, Addl.Public Prosecutor for the respondent No.1.
                Mr. Lalit B. Patel, counsel for the respondent No.2.
 ---------------------------------------------------------------------------------------------------


                                        CORAM : SMT. VASANTI    A    NAIK & 
                                                    M. G. GIRATKAR
                                                                   ,   JJ.

DATED : 10.08.2017

O R A L J U D G M E N T (Per : Smt.Vasanti A Naik, J.)

The criminal application is admitted and heard finally

with the consent of the parties.

1008APL500.17-Judgment 2/4

2. By this criminal application, the applicant seeks the

quashing of the proceedings pending before the Judicial Magistrate First

Class, Court No.3, Nagpur in Summary Criminal Case No.486 of 2013

for the offences punishable under sections 279 and 338 of the Penal

Code read with sections 134 and 177 of the Motor Vehicles Act.

3. It appears that a complaint was lodged by the non-

applicant No.2 against the applicant on 22/11/2012, alleging that when

the non-applicant No.2 and his wife were riding a Scooty Pep, the

applicant, who was riding a motorcycle collided with the Scooty Pep.

According to the non-applicant No.2, some injury was caused to him but

his wife did not suffer any injury. On the basis of the complaint filed by

the non-applicant No.2, offence was registered against the applicant

under sections 279 and 338 of the Penal Code read with sections

134 and 177 of the Motor Vehicles Act. Since the applicant and the

non-applicant No.2 are residing in the same locality as they have

compromised the matter with a view to live in peace and harmony, the

applicant has sought the quashing of the proceedings under the

provisions of section 482 of the Criminal Procedure Code.

4. The parties are personally present in the court today.

They state that they have compromised the matter out of court and with

1008APL500.17-Judgment 3/4

a view to live in peace and harmony, they have decided to bury the

disputes that have arisen between them due to the minor accident,

which took place on 22/11/2012. It is stated that since the offence is

not compoundable, this court may pass an appropriate order in the

circumstances of the case with a view to secure the ends of justice.

5. We find on a reading of the complaint filed by the non-

applicant No.2 that though there was collision between the motorcycle

and the scooty, the wife of the non-applicant No.2 had not suffered any

injury and the non-applicant No.2 appears to have suffered a minor

injury. Since the parties have settled the matter amicably, it would be

necessary to quash and set aside the proceedings, specially when the

proceedings would not result in the conviction of the accused, when the

parties have compromised the matter.

6. Hence, with a view to secure the ends of justice, by relying

on the principles laid down by the Hon'ble Supreme Court in the case of

Gian Singh v. State of Punjab, reported in (2012) 10 SCC 303, we

allow the criminal application. The proceedings pending before the

Judicial Magistrate First Class, Court No.3, Nagpur in Summary

Criminal Case No.486 of 2013 under sections 279 and 338 of the Penal

Code read with sections 134 and 177 of the Motor Vehicles Act are

1008APL500.17-Judgment 4/4

hereby quashed and set aside. The criminal application is allowed in

the aforesaid terms and disposed of.

In view of the disposal of the criminal application, the

Criminal Application (APPP) No.1337 of 2017 stands disposed of.

                        JUDGE                                              JUDGE 


 KHUNTE