Bombay High Court
Gautam Mehra vs State Of Maharashtra And Anr on 26 June, 2025
Author: A.S. Gadkari
Bench: A. S. Gadkari
2025:BHC-AS:28220-DB
KVM 40 - WP 3256-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
KANCHAN by KANCHAN
VINOD
VINOD MAYEKAR
MAYEKAR Date: 2025.07.10
20:06:30 +0530 CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3256 OF 2025
Gautam Mehra ]
An Adult, Aged : 54 Years, Occ:Business, ]
Indian Inhabitant, Residing at 134-A, ]
Sea Lord, Cuffe Parade, ]
Near Taj President Hotel, Colaba, ]
Mumbai, Maharashtra - 400 005 ] ... Petitioner
V/s.
1. State of Maharashtra ]
Through the Office of the ]
Government Public Prosecutors, High Court,]
PWD Building, Mumbai-400032 ]
(Navghar Police Station, Mumbai) ]
2. Anand Sahu ]
of Mumbai, an Adult, Age: 24 Years, ]
Occ: Driver, Indian Inhabitant, ]
Residing at 208, Nikash Shrusti Society, ]
Tukaram Chowk, Dombivali East, Thane ]
And Permanently Residing at Sarai Atan urf ]
Naugira Mauaima Soraon, Allahabad, ]
Uttar Pradesh - 212 507 ] ... Respondents
______________________
Mr. Vivek Kantawala a/w. Mr.Vivek M. Sharma, Mr.Amey Patil, Mr.Jash
B.Vyas, Mr.Manav Kantawala, Mr.Shanay Bafna i/b. Mr. Jash B. Vyas for
1/5
::: Uploaded on - 10/07/2025 ::: Downloaded on - 12/07/2025 04:53:11 :::
KVM 40 - WP 3256-2025.doc
Petitioner.
Smt. Savita M. Yadav, A.P.P. for Respondent No. 1 - State.
Mr. Himanshu Mishra for Respondent No.2.
Mr. Yogesh Solunke, PSI, Navghar Police Station, Mumbai, present.
______________________
CORAM : A. S. GADKARI AND
RAJESH S. PATIL, JJ.
DATE : 26th JUNE, 2025
JUDGMENT ( Per : A.S. Gadkari, J. ) :
-
1) By this Petition under Article 226 of the Constitution of India,
Petitioner/Accused in C.R.No. 0086 of 2025, dated 9 th March 2025,
registered with Navghar Police Station, Mumbai, under Section 185 of The
Motor Vehicles Act, 1988 and Sections 125, 125(a) & 281 of The Bharatiya
Nyaya Sanhita, 2023, has prayed for quashing of the said crime, with the
consent of Respondent No.2, the informant.
2) Heard Mr. Kantawala, learned Advocate for Petitioner, Smt.
Yadav, learned A.P.P. for Respondent No.1 and Mr. Mishra, learned counsel
for Respondent No.2. Perused record produced before us.
3) Mr. Kantawala, learned Advocate appearing for Petitioner, on
instructions, submitted that, Petitioner i.e. the driver of Tata vehicle bearing
No. MH-01/EF-5442, the Respondent No.2 and the owner of Hyundai
vehicle bearing No. MH-03/DG-0741 i.e. Mr. Santosh Upadhyay, have now
amicably settled their disputes and differences, and Respondent No.2 has
given his consent for quashing of the crime in question. He submitted that,
KVM 40 - WP 3256-2025.doc
Respondent No.2, Mr. Anand Sahu, so also his employer Mr. Santosh
Upadhyay have filed Affidavits dated 6 th May 2025, duly affirmed before a
Notary Public, which are on record as Exhibits - 'B' and 'C'. He submitted
that, as the parties herein have settled the matter amicably, the crime in
question may be quashed.
4) Mr. Mishra, learned Advocate appearing for Respondent No.2
conceded to the fact of filing of Affidavit(s) dated 6 th May, 2025 by the
Respondent No.2 and Mr. Santosh Upadhyay i.e. the employer of
Respondent No.2.
4.1) In his Affidavit dated 6th May 2025, Mr. Santosh Upadhyay has
stated that, the Petitioner's friends approached him and expressed their
deep sorrow and remorse about the incident. That, the Petitioner has paid
an amount of Rs.1,95,000/- towards the damage caused to the vehicle of
Mr. Santosh Upadhyay, as and by way of full and final settlement. Mr.
Upadhyay has stated that, he therefore does not wish to pursue the present
crime further.
4.2) In his Affidavit dated 6th May 2025, in Paragraph No.5, the
Respondent No.2 has admitted the fact of payment of the said amount to
his employer towards full and final settlement towards the damage caused
to the vehicle of Mr. Santosh Upadhyay. In Paragraph No. (4) thereof,
Respondent No.2 has given his unconditional consent for quashing of the
present crime.
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5) In view thereof, we are inclined to quash C.R.No. 0086 of
2025, dated 9th March 2025, registered with Navghar Police Station,
Mumbai, under Section 185 of The Motor Vehicles Act, 1988 and Sections
125, 125(a) & 281 of The Bharatiya Nyaya Sanhita, 2023.
6) As we expressed our opinion for quashing of C.R.No. 0086 of
2025, dated 9th March 2025, registered with Navghar Police Station,
Mumbai, Mr. Kantawala, learned counsel for Petitioner on instructions
submitted that, the Petitioner will pay a cost of Rs.50,000/- to the Bar
Council of Maharashtra and Goa's Advocate Academy and Research Center,
within a period of two weeks from the date of uploading of the present
Order on the official website of the High Court of Bombay. The said
statement is accepted as an undertaking given to this Court.
6.1) We therefore direct the Petitioner to pay a cost of Rs.50,000/-
to Bar Council of Maharashtra and Goa's Advocate Academy and Research
Center within a period of two weeks from the date of uploading of the
present Order on the official website of the High Court of Bombay.
6.2) Details of the bank Account for payment of cost are as under:-
Account Name : BCMG'S Advocate Academy &
Research Center
Bank and Branch : Bank of India, Mumbai Main
Account Number : 000120110001327
Type of Account : Current A/c
KVM 40 - WP 3256-2025.doc
IFSC Code : BKID0000001
6.3) Petitioner to pay the said cost of Rs.50,000/- within stipulated
period as noted above and submit its receipt in the Registry of this Court.
7) In view of above and subject to payment of cost, Petition is
allowed in terms of prayer clause (a).
8) It is made clear that, if the cost is not paid within stipulated
period as mentioned above, Petition shall stand revived automatically and
in that event, the Investigating Officer will complete the investigation of the
present crime expeditiously.
9) List the Petition on board on 28 th July 2025, under the caption
'For Reporting Compliance' of present Order.
(RAJESH S. PATIL, J.) (A.S. GADKARI, J.)
