Bombay High Court
Shatrughan Vitthalrao Vighe vs The State Of Maharashtra, Thr. Pso Ps ... on 24 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1087-DB
23.apl806.2021jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 806 OF 2021
Shatrughan Vitthalrao Vighe
Aged about 40 years, Occ. Contractor,
R/o. Parvatinagar, Amravati, ... Applicant
District - Amravati.
Versus
1. State of Maharashtra,
Through Police Station Officer,
Police Station Rajapeth,
District - Amravati.
2. Satish Gokul Raichand,
Aged about 50 years,
... Non-applicants
R/o. Kishor Nagar, Frezarpura,
Amravati, District - Amravati.
Mr. Rahul J. Shinde, Advocate for applicant.
Mr. M.K. Pathan, APP for non-applicant No.1/State.
Mr. Pawan P. Sarise, Advocate for deceased wife.
CORAM : VINAY JOSHI, AND
SMT. VRUSHALI V. JOSHI, JJ.
DATE : 24.01.2024
ORAL JUDGMENT: (PER: Vinay Joshi,J)
Heard finally by consent of both the learned counsel
for the parties.
(2) Admit.
PAGE 1 OF 4
23.apl806.2021jud.odt
(3) This is an application seeking to quash FIR in Crime
No.895/2021 registered with Rajapeth Police Station, District -
Amravati City, for the offences punishable under Sections 304-A read
with Section 34 of the Indian Penal Code on account of settlement.
(4) The applicant was a Contractor whilst co-accused
Nitin Deshmukh was owner of Hotel. It is alleged that both of them
have asked deceased-welder to do welding work on the fifth floor in
dangerous condition. They did not provide safety measures for the
deceased while doing the said work. At the instance of the applicant
and co-accused, the deceased while working in dangerous condition
fell and died, therefore, the police filed the report.
(5) By intervention of this Court through investigation
proceeded, however, charge-sheet has not been filed. Learned APP
would submit that the investigation is complete and charge-sheet is
ready. In the meantime, the applicant and wife of the deceased have
settled the matter out of Court. The applicant has paid sum of
Rs.4,00,000/- (Rs. Four Lakhs Only) to the widow towards full and
final compensation. The widow can be well termed as a
victim/aggrieved party who has accepted a sum of Rs.4,00,000/- and
PAGE 2 OF 4
23.apl806.2021jud.odt
gave her no objection. The joint compromise pursis to that effect has
been filed. Today, widow (victim) namely Pratibha Sunil Walunke is
present before Court and has been identified by her counsel Mr. Pawan
Sarise. On our query, victim stated about settlement, filing of
compromise memo, receipt of Rs.4,00,000/- and her no objection to
quash the proceeding.
(6) It is a case of causing death by rash and negligent
act. Apparently, the allegation itself discloses that there is a total
absence of mens rea. The applicant has adequately compensated the
widow. The offence cannot be termed as heinous or against the
society. Having regard to the settlement, continuation of prosecution
would yield nothing. Since the investigation is complete and police
machinery was rotated the applicant has expressed his willingness to
pay the cost of Rs.20,000/-.
(7) In view of above, by invoking our inherent powers,
we hereby allow the application and quash FIR in Crime No.
895/2021 registered with Rajapeth Police Station, District - Amravati
City, for the offences punishable under Sections 304-A read with
Section 34 of the Indian Penal Code as against applicant - Shatrughan
PAGE 3 OF 4
23.apl806.2021jud.odt
Vitthalrao Vighe only.
(8) The applicant shall deposit sum of Rs.20,000/- with
the office of the Government Pleader Library, High Court, Nagpur,
within two weeks from today.
(9) The matter be placed on 02.02.2024 for noting the
compliance.
(10) Investigation Officer is at liberty to file charge-sheet
against co-accused.
[VRUSHALI V. JOSHI, J.] [VINAY JOSHI, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 4 OF 4
Designation: PA To Honourable Judge
Date: 29/01/2024 17:10:43
