Citation : 2023 Latest Caselaw 10561 Bom
Judgement Date : 11 October, 2023
2023:BHC-NAG:14982-DB
J APL-1422-2023.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.1422 OF 2023
APPLICANT : Shreyash Parag Pandhripande,
Age 27, Occ:- Data analyst R/O
Hanuman Nagar, professor colony,
Ajni, Nagpur city, Maharashtra.
..VERSUS..
RESPONDENT : 1 The State of Maharashtra,
Through Police Station Officer, police
station Sitabuldi, Dis:- Nagpur
2 Kapil Dilip Patel,
Age 31, Occ Business, R/O Lakadganj
Queta colony, Infront of newera
hospital, Nagpur.
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Mr A. S. Mardikar, Senior Advocate a/b Mr D. P. Singh, Advocate for Applicant.
Mr S. S. Doifode, APP for Respondent No.1/State.
Mr N. R. Tekade, Advocate for Respondent No.2.
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CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.
DATE : 11th OCTOBER, 2023.
ORAL JUDGMENT : (PER : VINAY JOSHI, J.)
. Heard finally by consent of the learned Counsel
appearing for the parties.
Admit.
J APL-1422-2023.odt
2. This is an application seeking to quash the First
Information Report (FIR) in Crime No.564 of 2023,
registered with Sitabuldi Police Station, District Nagpur, for
the offences Punishable under Sections 279 and 427 of the
Indian Penal Code, 1860 and under Sections 184 and 185 of
the Maharashtra Motor Vehicles Rules, 1989, on account of
mutual settlement.
3. It is Informant's case that while he was proceeding
on a public road by four wheeler, the Applicant drove his
four wheeler in rash and negligent manner under influence
of liquor, dashed to the Informant's car and thus, the offence.
4. It is informed that the parties have mutually settled
the dispute out of the Court. The Informant has filed an
Affidavit stating that the matter is settled and he does not
want to go on with the prosecution. He submits that he has
no objection to quash the FIR. The Informant is present
before us, who is identified by his learned Counsel
Mr Tekade. On our query, the Informant has agreed about
the settlement and has no objection for quashing the J APL-1422-2023.odt
proceedings. The nature of offence is pertaining to the road
accident. Certainly, the offence cannot be termed as grave or
heinous one. Since the matter is settled, there is no purpose
in continuation of proceedings.
5. We have brought to the notice of the parties that
because of the alleged act of Applicant, Police required to
register an offence and carry investigation. The learned
Senior Counsel for Applicant, on instructions, made a
statement that the Applicant would pay the costs of
Rs.10,000/-.
6. In view of the above, we are inclined to exercise
our inherent powers. The criminal application is allowed.
7. We hereby quash and set aside the FIR in Crime
No.564 of 2023, registered with Sitabuldi Police Station,
District Nagpur, for the offences Punishable under Sections
279 and 427 of the Indian Penal Code, 1860 and under
Sections 184 and 185 of the Maharashtra Motor Vehicles
Rules, 1989.
J APL-1422-2023.odt
8. The Applicant shall deposit costs of Rs.10,000/-
with the High Court Gazetted Officers' Association, Nagpur,
within a period of three days from today.
9. The criminal application stands disposed of.
10. The matter be placed on 16.10.2023 for noting
compliance.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
TAMBE
Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 12/10/2023 10:23:36
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