Shri. Anand Motilal Prasad Kumar ... vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 7587 Bom

APL  502/17                                              1                         Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.
               CRIMINAL APPLICATION (APL) No. 502/2017
1.     Shri Anand Motilal Prasad Kumar,
       Aged about: 32 years, Occ: Service,
       R/o: Plot No.50, Flat No.401, 
       Shantanu Regency, Dwarkapuri
       Layout, Nagpur.

2.     Shri Ashishek s/o Dilip Vaidya,
       Aged about: 36 years, Occ: Service,
       R/o: 301, 'A' Wing, Water Greens,
       Jaitala, Nagpur.                                                        APPLICANTS

                                       .....VERSUS.....
State of Maharashtra,
through its Police Station Officer,
Pratap Nagar Police Station, Nagpur.                                          NON-APPLICA
                                                                                          NT

                      Shri K.N. Shukul, counsel for the applicants.
              Ms T.Khan, Additional Public Prosecutor for the non-applicant.

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

DATE : 26 TH SEPTEMBER, 2017.

ORAL JUDGMENT (PER : M.G. GIRATKAR, J.)

The criminal application is ADMITTED and heard finally at

the stage of admission with the consent of the learned counsel for the

parties.

2. By the present criminal application, the applicants have

prayed for quashing and setting aside the charge-sheet bearing No.2 of

2016 arising out of F.I.R. No.443 of 2015 for the offences punishable

under Section 279 and 338 of the Penal Code and Sections 134 and 177

of the Motor Vehicles Act.

APL 502/17 2 Judgment

3. It is submitted on behalf of the applicants that the applicant

no.1 had lodged a report against the applicant no.2 in Police Station

Pratap Nagar, Nagpur alleging that on 07.12.2015, at about 7.00 a.m.,

when he was going towards Chitnis Park, he was hit by a car coming from

Chhatrapati square. He fell down and sustained injuries. On the report

of the applicant no.1, the police station officer, Police Station

Pratapnagar, Nagpur registered a crime for the offence punishable under

Sections 279, 338 of the Penal Code read with Sections 134 and 179 of

the Motor Vehicles Act. After conducting the investigation, the charge-

sheet came to be filed before the Judicial Magistrate First Class, Court

No.9, Nagpur. It is submitted that during the pendency of the criminal

proceedings, the applicants have settled their dispute amicably. Since the

offence punishable under Section 279 of the Penal Code is not

compoundable, the applicants have approached this Court to quash and

set aside the charge-sheet bearing No.2 of 2016 arising out of F.I.R.

No.443 of 2015 for the offences punishable under Sections 279 and 338

of the Penal Code and Sections 134 and 177 of the Motor Vehicles Act.

4. Today, the applicants are personally present before the Court

with their counsel. The applicant no.1 has stated that he had lodged the

report against the applicant no.2 due to misunderstanding. The applicant

no.1 has stated that that he had only mentioned the number of the car in

APL 502/17 3 Judgment

his report. The applicants have stated that the applicants have settled the

disputes out of the Court and in fact the applicants are having good

relations as they are good friends. Therefore, the applicants have prayed

before us to quash the charge-sheet bearing No.2 of 2016 arising out of

F.I.R. No.443 of 2015 for the offences punishable under Sections 279 and

338 of the Penal Code and Sections 134 and 177 of the Motor Vehicles

Act.

5. It is clear from the averments made in the application and the

submissions made by the applicants that they have settled their dispute

out of the Court. Since the applicant no.1 is not ready to prosecute the

matter against the applicant no.2, it is unlikely that the applicant no.2

would be convicted for the offence punishable under under Sections 279

and 338 of the Penal Code and Sections 134 and 177 of the Motor

Vehicles Act. Therefore, it would be necessary to quash the charge-sheet

bearing No.2 of 2016 arising out of F.I.R. No.443 of 2015 for the offences

punishable under Sections 279 and 338 of the Penal Code and Sections

134 and 177 of the Motor Vehicles Act by relying on the law laid down by

the Hon'ble Supreme Court in the case of Gian Singh Versus State of

Punjab, reported in (2012) 10 SCC 303 and in the case of Narinder Singh

& Others Versus State of Punjab & Another, reported in (2014) 6 SCC

466.

APL 502/17 4 Judgment

6. Hence, we allow the criminal application and quash the

charge-sheet bearing No.2 of 2016 arising out of F.I.R. No.443 of 2015 for

the offences punishable under Sections 279 and 338 of the Penal Code

and Sections 134 and 177 of the Motor Vehicles Act, pending before the

Judicial Magistrate First Class, Court No.9, Nagpur.

Order accordingly. No costs.

              JUDGE                                        JUDGE

APTE