Om S/O Girish Vitalkar vs State Of Mah. Thr. Pso Dhantoli ...
2021 Latest Caselaw 1951 Bom

                                                    1              15-J-APL-125-21.odt

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

             CRIMINAL APPLICATION (APL) NO.125 OF 2021

 Om S/o Girish Vitalkar,
 Age : 18 yrs., Occ. : Student,
 R/o Plot No.29 A, Mahavir
 Nagar, Nagpur.                                              ... APPLICANT

                               VERSUS

 1. State of Maharashtra,
    Through P.S.O., Dhantoli,
    Nagpur.

 2. Smt. Manju w/o Pravin Nagose,
      Age : 45 yrs., Occ.: Private,
      R/o Indira Nagar, Jattarodi,
      Nagpur.                                                 ... NON-APPLICANTS
 -------------------------------------------------------------------------------------------
 Shri Hitesh Katekar, Advocate for applicant.
 Shri N. S. Rao, Additional Public Prosecutor for Non-applicant
 No.1-State.
 Shri A. J. Mirza, Advocate h/f Ms. Poonam Moon, Advocate for
 non-applicant No.2.
 -------------------------------------------------------------------------------------------
                                CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.

DATED : 29/01/2021.

ORAL JUDGMENT : (PER : Z.A. HAQ, J.)

1. Heard.

2. Rule. Rule made returnable forthwith.

3. The accused has filed this application under Section

482 of the Code of Criminal Procedure stating that the

2 15-J-APL-125-21.odt

proceedings of S.C.C. No.4933/2019 registered against him and

pending before the learned Judicial Magistrate First Class, Court

No.1, Nagpur for the offences punishable under Sections 279 and

338 of the Indian Penal Code r/w Sections 146 and 148 of the

Motor Vehicles Act, 1988 be quashed.

4. According to the applicant, the matter is amicably

worked out by him with the non-applicant No.2 - Informant. The

non-applicant No.2 - Informant has appeared suo motu and has

filed affidavit stating that the matter is amicably worked out and

now, she has no grievance against the applicant.

5. When the matter was listed before this Court on

25/01/2021, learned APP for the non-applicant No.1 objected for

considering the prayer made by the applicant on the ground that

the Investigating Agency has given sufficient time for investigation

and filed a charge-sheet.

To counter this, learned Advocate for the applicant

had stated that the amount of Rs.20,000/- would be deposited to

compensate the Investigating Agency and accordingly, cheque of

that amount will be deposited in the Registry of this Court.

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6. Considering the nature of accusation against the

applicant and the fact that the non-applicant No.2 - Informant has

settled the matter with the applicant and is not interested in

prosecuting the applicant, in our view, keeping the prosecution

pending against the applicant would not serve the fruitful

purpose.

7. Hence, we pass the following order :-

I] The proceedings of S.C.C.

No.4933/2019 registered against the applicant

pending before the learned Judicial Magistrate First

Class, Court No.1, Nagpur are quashed.

II] The applicant shall deposit

Rs.20,000/- with the Registry of this Court. On

receipt of amount of Rs.20,000/-, it be given to the

High Court Legal Services Sub-Committee, Nagpur.

If the cheque deposited by the

applicant is not honoured, the office is directed to

list the matter immediately before this Court and

learned Advocate representing the applicant will be

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bound to appear before this Court on behalf of the

applicant.

8. Rule is made absolute in the above terms.

                      JUDGE                       JUDGE

 Choulwar