Bombay High Court
Vivek Nirmal Suchanti vs The State Of Maharashtra And Anr on 1 August, 2024
Author: Neela Gokhale
Bench: A. S. Gadkari, Neela Gokhale
2024:BHC-AS:31249-DB
sns 12-apl-1014-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1014 OF 2021
1. Mr. Vivek Nirmal Suchanti
Aged about 52 years, Occ. Service
Residing At Room No.122, Navrang
Basant Apartment, 12th Floor,
G.D.Somani Marg, Opp. G.D.Somani
School, Cuffe Parade,
Colaba, Mumbai-400 005
Maharashtra .....Applicant/Org. Accused
Vs.
1. The State of Maharashtra,
(at the instance of Cuffe Parade Police Station)
2. Chandan Akleshwar Sahani
Aged about 23 years, Occ. Service
Residing At. Machhimar Nagar No.4,
Room No.173, Capt. Prakash Peddhe Marg,
Cuffe Parade, Mumbai-400 005,
Mobile No.79036 14585 .....Respondents
(Org. Complainant)
Mr. Aditya Sharma, with Ms. Archana Shukla i/b Ms. Sudha Dwivedi for
the Applicant.
Mr. Anand S. Shalgaonkar, APP for Respondent No.1-State.
Ms. Leecha D. Pokale, for Respondent No.2.
Mr. Chavan, PSI Cuffe Parade Police Station.
CORAM : A. S. GADKARI AND
DR NEELA GOKHALE, JJ.
DATE : 1st AUGUST, 2024.
JUDGMENT:
(Per Dr. Neela Gokhale, J)
1) Leave to amend to incorporate challenge to the case, being
C.C.No.PS/1252/2021, pending on the file of the Judicial Magistrate First
sns 12-apl-1014-2021.doc
Class, 23rd Court, Esplanade, Mumbai, in the pleadings and prayer
clause(s), is granted.
1.1) Amendment be carried out forthwith and in any event, during the
course of the day.
2) Applicant seeks to quash and set aside F.I.R. No. 173 of 2024
dated 12th May 2021 registered with Cuffe Parade Police Station for
offenses punishable under Sections 279, 338 of the Indian Penal Code,1860
("IPC") alongwith section 134 (a) (b) of the Motor Vehicles Act, 1988 and
subsequent criminal proceedings bearing C.C.No. PS/1252/2021 pending on
the file of the Judicial Magistrate First Class, 23 rd Court, Esplanade, arising
therefrom.
3) The FIR arises out of an accident involving the Applicant and
the Respondent No.2. It is alleged that, on 11 th May 2021, at approximately
12.45 am, the Respondent No.2 was riding his bicycle while coming back
home from work, when a car bearing registration no. DN-09-L 1920 driven
by the Applicant collided with him. He fell from the bicycle and sustained
injuries, also fractured his left arm. The Respondent No.2 called up his
friend, one Mr. Rakesh who rushed him to the JJ hospital to undergo
treatment. Hence, he filed the present FIR.
4) Mr. Aditya Sharma, learned counsel appears for the Applicant and
Ms. Leecha D. Pokale appears for the Respondent No.2. Mr. A.S
sns 12-apl-1014-2021.doc
Shalgaonkar, learned APP represents the State.
5) The counsels of the Applicants and the Respondents No.2 state that
the parties have resolved the dispute amicably and have settled the matter
among themselves. Both the parties pray that the FIR be quashed in the
interest of justice pursuant to the settlement between the parties.
6) The Respondent No. 2 has also given his consent to quash the
FIR impugned herein vide affidavit dated 10th June 2021. Ms. Leecha D.
Pokale, learned counsel appearing for Respondent No. 2 on instruction states
that he has no objection to quash the FIR.
7) In view thereof, we are inclined to quash C.C.No. PS/1252/2021
pending on the file of the Judicial Magistrate First Class, 23 rd Court,
Esplanade, Mumbai arising out of C.R.No. 173 of 2021 registered with
Cuffe Parade Police Station, Mumbai.
8) As we expressed our opinion for quashing of the said Criminal
Proceedings bearing C.C.No. PS/1252/2021 pending on the file of the
Judicial Magistrate First Class, 23rd Court, Esplanade, Mumbai, learned
Advocate for the Applicant, on instructions submitted that, the Applicant
will pay a cost of Rs.1,00,000/- to the Central Police Welfare Fund, State of
Maharashtra within a period of two weeks from the date of uploading of
present Order on the official website of Bombay High Court. The said
statement is accepted as an undertaking given to this Court.
9) We therefore, direct Applicant to pay a cost of Rs.1,00,000/- to
sns 12-apl-1014-2021.doc
the Central Police Welfare Fund, Maharashtra State within a period of two
weeks from the date of uploading of present Order on the official website of
Bombay High Court.
9.1) Details of the bank account for payment of cost are as under :-
The details of the bank Account for payment of cost are as under :-
Bank Name :- Axis Bank Limited.
Branch Name :- Worli, Mumbai (M.H.), Mumbai-400 025
Account Name :- Central Police Welfare Fund
Account Number :- 914010029005759
IFSC Code :- UTIB0000060
9.2) Applicant to deposit the said cost within stipulated period as
noted above and submit receipt of the same in the Registry of this Court.
10) In view of above and subject to payment of cost, Application is
allowed in terms of prayer clause (a).
11) It is made clear that, if the cost is not paid within stipulated
period as mentioned above, the Application shall stand revived
automatically and in that event, trial Court shall proceed with the criminal
proceedings expeditiously.
12) List the Application on board 21st August 2024 under caption
'for reporting compliance' of present Order.
(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.)
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2024.08.06
19:12:22
+0530
