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Shreyash Parag Pandhripande vs The State Of Maharashtra Through ...
2023 Latest Caselaw 10561 Bom

Citation : 2023 Latest Caselaw 10561 Bom
Judgement Date : 11 October, 2023

Bombay High Court
Shreyash Parag Pandhripande vs The State Of Maharashtra Through ... on 11 October, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
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.
               -----------------------------------------------------------------------------------------
                       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.
               --------------------------------------------------------------------------------------------------------


                      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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