Bombay High Court
Rupesh S/O. Kailas Tembhurne vs State Of Mah. Thr. Pso, Wathoda, Nagpur ... on 22 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:922-DB
923-apl 1630-22.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1630 OF 2022
Rupesh Kailas Tembhurne Aged 48 years,
Occup. Executive Engineer at Maharashtra
State Electricity Distribution Co.Ltd.,
Mouda Division R/o Tower B Pyramid
City-6, Besa Pipla Road, Nagpur-440037 Applicant
-Versus-
1. State of Maharashtra, through Police
Station Officer, Wathoda, Nagpur.
2. Archana Shankar Nagpure, R/o Khandala Non-
Gaghate, Tahsil-Parshivni, Kanhan, applicants
Nagpur.
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Mr.D.V.Chauhan a/w Mr.P.Malviya, counsel for the applicant.
Mr.A.B.Badar, APP for non applicant No.1 State.
Mr. G.L.Agrawal, counsel for non-applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 22nd January, 2023
ORAL JUDGMENT (Per :Vinay Joshi, J.)
Heard. Admit.
2. The application is heard finally with the consent of the
learned counsel for the parties.
3. This is an application seeking to quash First Information
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Report No. 452 of 2022 dated 22.11.2022 registered with police
Station Wathoda, dist.Nagpur for the offence punishable under
Section 304 r/w 34 of the Indian Penal Code.
4. Initially, quashing was sought on account of merits,
however, in the meantime, the matter has been amicably settled
hence, now the quashing is on account of settlement.
5. The informant is widow of deceased Shankar Pundlik
Nagpure. Deceased was working as a lineman with a contractor
namely, Mohammad Israil, accused No.1. At the instance of
Mohammad Israil and another lineman Vinayak Wande (accused
No.2) the deceased was climbed on the electric pole and was doing
work thereof. The applicant was the then Executive Engineer under
whose supervision the work was going on. Unfortunately, due to
electric current informant's husband Shankar died. The informant
alleged that the applicants were aware that death would be the
result of such a negligent act and therefore, she has lodged the
report.
6. Initially, considering the merits, this court find prima facie
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923-apl 1630-22.odt
substance, hence, stayed the investigation vide order dated
15.12.2022. The informant lady has approached to the Labour
Court for seeking compensation under the provisions of Employees
Compensation Act, 1923. The matter was amicably settled before
the Labour Court, wherein the total compensation amount of Rs.
14,00,000/- was determined, which was inclusive of payment of
Rs.2,00,000/- which was already made. The balance amount of Rs.
12,00,000/- has been deposited in the Labour Court. The
informant lady is present before us, who is identified by her
counsel. She has filed reply stating about settlement along with the
terms and conditions of the settlement which were signed by both
the sides. The terms of settlement have already been filed before
Labour Court. Today, the informant stated that the matter is
already settled and she has no objection to quash the First
Information Report. Particularly, she has filed the additional pursis
stating that she has no grievance against the non applying accused
i.e. Mohammad Israil and Vinayayak Wande.
7. The incident was an out come of unfortunate occurrence.
The widow has been adequately compensated to her satisfaction.
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923-apl 1630-22.odt
She has voluntarily accepted the settlement amount and gave her
no objection for quashing the First Information Report. Having
regard to the nature of occurrence, the offence cannot be termed as
heinous or antisocial. In the circumstances, continuation of the trial
would be exercised in futility. The applicant has voluntarily shown
his willingness to deposit sum of Rs.20,000/- towards the costs.
8. In view of above, the application is allowed. We hereby
quash and set aside the First Information Report No. 452 of 2022
dated 22.11.2022 registered with Police Station Wathoda,
dist.Nagpur. for the offence punishable under Section 304 r/w 34
of the Indian Penal Code. The applicant shall deposit the sum of
Rs. 20,000/- with the High Court Bar Association, Nagpur within a
period of one week from today.
9. Stand over to 1st February 2024 for noting the
compliance.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 23/01/2024 18:07:34 Kavita.
