Bombay High Court
Shubham S/O Sitaram Shirnath vs The State Of Maharashtra Thr. Pso, Ps, ... on 13 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9192-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.1020 OF 2024
Shubham Sitaram Shirnath, Aged about 24 Applicant
years, Occupation Education, R/o
Bhoipura,Patur, Tah.Patur, District,Akola.
-Versus-
1. State of Maharashtra, through Police Non-
Station Officer, Police Station Karanja applicants.
Gramin, District Washim.
2. Satish Mahadeo Punekar, Aged about 45
years, Occupation Labour. R/o Palana,Tah.
Karanja District Washim.
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Mr.A.M.Tirukh, Adv. for the applicants..
Mr.Anup Badar, APP for the non-applicants.
Mr.M.V.Mule, Adv. For non-applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 13th AUGUST, 2024
ORAL JUDGMENT (Per : Vinay Joshi, J.)
1) Heard Admit. The application is heard finally with the
consent of the learned counsel for the parties.
2) This is an application seeking to quash the First Information
Report vide Crime No. 212 of 2024, for the offences punishable
under Section 279,337 of the Indian Penal Code registered with
Police Station Karanja Gramin, district Washim on account of
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35-apl-1020-24j.odt
mutual settlement.
3) The informant's son was proceeding by riding of his two
wheeler. At the relevant time, the applicant came from behind by
four wheeler. The applicant was driving his vehicle in high speed
and he gave dash to the informant's son from behind causing
injuries to the informant's son and also damaged the two wheeler
owned by the informant. On the basis of said occurrence, the report
has been lodged, on which the police have registered the crime.
4) Both parties are residing in the same vicinity. The act was not
intentional therefore, with the intervention of villagers they have
settled the dispute. The applicant has reimbursed the informant for
the damages caused to his vehicle. In view of that, the matter has
been settled and the informant has no grievance against the
applicant. The informant has appeared through his Advocate and
filed the reply stating about settlement and no objection to quash
the proceedings. The informant has also filed the additional
affidavit stating that his injured son has also no objection to quash
the proceedings. He has submitted that his son is unable to attend
the Court. Therefore, on his instructions he has filed the affidavit.
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35-apl-1020-24j.odt
5) Taking over all view of the matter, it is a case of road accident
having the element of negligence, but there is no question
intentional act. By the time, the applicant has sufficiently
compensated the informant, hence the latter has no grievance. In
the circumstances, continuation of the prosecution amounts to
abuse of the process of the court. The applicant has also expressed
his willingness to deposit sum of Rs.10,000/- towards the costs as
the police machinery was rotated.
6) In view of above, the application is allowed. We, hereby
quash and set aside the First Information Report vide Crime No.
212 of 2024 for the offences punishable under Section 279,337 of
the Indian Penal Code registered with Police Station Karanja
Gramin, district Washim.
7) The applicant shall deposit a sum of Rs.10,000/- towards the
costs to the High Court Bar Association, Nagpur within a week.
8) Stand over to 23.08.2024 for noting the compliance.
(VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 20/08/2024 15:06:53 Kavita.
