Bombay High Court
Fazle Qadir Chimthanawala S/O ... vs The State Of Mah. Thr. Pso, Ps Wathoda ... on 9 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:366-DB
913.apl39.2024jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 39 OF 2024
Fazle Qadir Chimthanawala S/o
Abdealibhai Chimthanawala,
Aged about 22 years,
Occupation - Student, Resident of Abde ... Applicant
Razzak Manzil, Quaemi Baugh, Near
Itwari Railway Station, Nagpur.
Maharashtra 440 002.
Versus
1. State of Maharashtra,
Through Police Station Officer,
Police Station Wathoda City,
District Nagpur.
2. Rajendra Gopalrao Hadke,
Aged about 52 years,
Resident of Flat No.31B, ... Non-applicants
Shivnagar Pothane, Kotwali,
Nagpur.
Mr. A.A. Naik, Advocate for applicant.
Mrs. S.V. Kolhe, APP for non-applicant No.1.
Mr. H.A. Deshpande, Advocate for non-applicant No.2.
CORAM : VINAY JOSHI, AND
SMT. VRUSHALI V. JOSHI, JJ.
DATE : 09.01.2024
ORAL JUDGMENT: (PER: Vinay Joshi,J)
Advocate Mr. Deshpande, learned counsel appearing
suo motu for non-applicant No.2 by waiving notice.
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913.apl39.2024jud.odt
(2) Heard.
(3) Admit.
(4) This is an application seeking to quash FIR in Crime
No.674/2023 registered with Police Station Wathoda, Nagpur City, for
the offences punishable under Sections 279 and 338 of the Indian
Penal Code, 1860, on account of settlement.
(5) Road accident led to the registration of crime. At
relevant time, applicant while taking his Skoda Car in reverse
direction, gave dash to the two wheeler of the informant causing him
to fall and sustain fracture injury. The applicant himself took
injured/informant to the hospital and gave preliminary treatment.
(6) The parties have amicably settled the dispute out of
Court. The informant has filed an affidavit stating that he has no
objection to quash this report rather the informant stated that it was a
case of accident occurred out of contributory negligence. The
informant has acknowledged the applicants immediate reaction of
providing medical aid. Moreover, considering the applicants career in
law college, he has settled the dispute. The informant is present
before us who is identified by his counsel. On our query, the informant
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913.apl39.2024jud.odt
stated that since it was an unintentional occurrence and the applicant
has borne medical expenses to some extent, he does not wish to
prosecute the case.
(7) The occurrence is an outcome of road accident, it
cannot be turned as heinous or anti social. The parties have amicably
settled the dispute. In the circumstances, we find it appropriate to
invoke our inherent powers. Since the police machinery was rotated,
the applicant expressed his desire to deposit costs of Rs.20,000/-.
(8) In view of above, the application is allowed. We
hereby quash and set aside the FIR in Crime No.674/2023 registered
with Police Station Wathoda, Nagpur City, for the offences punishable
under Sections 279 and 338 of the Indian Penal Code, 1860.
(9) The applicant shall deposit costs of Rs.20,000/- with
High Court Bar Library, Nagpur, within one week from today.
(10) The matter be placed on 17.01.2024 for noting
compliance.
[MRS. VRUSHALI V. JOSHI, J.] [VINAY JOSHI, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 3 OF 3
Designation: PA To Honourable Judge
Date: 11/01/2024 15:43:58
