Shah Keyurbhai Hasmukhbhai Through His ... vs State Of Gujarat on 23 January, 2015

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Gujarat High Court

Shah Keyurbhai Hasmukhbhai Through His ... vs State Of Gujarat on 23 January, 2015

Bench: A.J.Desai

           R/CR.MA/1890/2010                                            ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                           FIR/ORDER) NO. 1890 of 2010

================================================================
       SHAH KEYURBHAI HASMUKHBHAI THROUGH HIS POWER OF
                     ATTORNEY....Applicant(s)
                            Versus
                STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR. D. P. KINARIWALA, ADVOCATE for the Applicant(s) No. 1
MR AN SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
================================================================

           CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                  Date : 23/01/2015


                                   ORAL ORDER

1.0 By way of present application under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the I C.R. No. 67 of 2009 registered with Amirgadh Police Station, District: Banaskantha for the offences punishable under Sections 279, 304A, 337, 338 of the Indian Penal Code read with Sections 177 and 184 of the Motor Vehicles Act.

2.0 The brief facts arose from the record are as under:

2.1 One Bhargavbhai Hasmukhbhai Shah, brother of the applicant Page 1 of 4 R/CR.MA/1890/2010 ORDER accused lodged an FIR with Amirgadh Police Station of District Banaskantha against the applicant stating that vehicle belongs to the applicant which was driven by him met with an accident and pursuant to which the accused himself sustained serious injury and applicant's wife died on the spot in the accident. The offence was registered for the offences punishable under Sections 279, 304A, 337 and 338 of the Indian Penal Code and Section 177 and 184 of the Indian Penal Code Hence, this application.

3.0 Learned advocate appearing for the applicant states that the applicantaccused was driving towards Mount Abu along with his family members. The rear wheel of the Car on the driver side was burst pursuant to which the accused lost control over his Car and therefore, the same is dashed with milestone and then it has fallen in the field.

Pursuant to said incident, the accused sustained serious injuries and his wife lost her life. Having come to know, the applicant who is brother of the accused informed the concerned Police Station about the incident. However, FIR is lodged against the present applicant for rash and negligent driving. He would further submit that the applicant was not driving in rash and negligent manner. However, pursuant to bursting of tyre, the applicant had lost control over his Car and same is dashed with the milestone. In this accident. he has lost his wife and he himself sustained injuries. He further states that panchnama which was prepared clearly establishes that vehicle was being driven by the Page 2 of 4 R/CR.MA/1890/2010 ORDER applicant in correct side and therefore no offence is committed by the applicant. He would further submit that since the applicant had sustained serious injuries, present application has been filed through the complainant who is brother of the applicant. He further He further submits that in the peculiar facts and circumstances of the case, no fruitful purpose is served if trial is going on. Therefore, FIR may be quashed and set aside.

4.0 Mr. Shah, learned Additional Public Prosecutor opposed this application.

5.0 I have heard Mr. Kinariwala, learned advocate appearing for the applicant and Mr. AN Shah, learned Additional Public Prosecutor for respondent no.1 State and perused the FIR, the panchnama fo scene of offence and panchnama of Car itself. It appears from the panchnama that pursuant to bursting of tyre, the applicant has lost control over the Car and Car was dashed with milestone and vehicle was also dashed with milestone. The vehicle was also found to be in correct side as per the panchnama.

6.0 Considering the above aspect, I am of the opinion that no offence is committed as alleged in the FIR. The FIR being I C.R. No. 67 of 2009 lodged before Amirgadh Police Station for the offences punishable under Sections 279, 304A, 337 and 338 of the Indian Penal Code read Page 3 of 4 R/CR.MA/1890/2010 ORDER with Sections 177 and 184 of the Motor Vehicles Act is hereby quashed and set aside. Hence, the application is allowed. Rule is made absolute.

(A.J.DESAI, J.) niru* Page 4 of 4

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