Bombay High Court
Shri. Anand Motilal Prasad Kumar And ... vs State Of Maharashtra Thr. Police ... on 26 September, 2017
Author: M.G. Giratkar
Bench: Vasanti A Naik, M.G. Giratkar
APL 502/17 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) No. 502/2017
1. Shri Anand Motilal Prasad Kumar,
Aged about: 32 years, Occ: Service,
R/o: Plot No.50, Flat No.401,
Shantanu Regency, Dwarkapuri
Layout, Nagpur.
2. Shri Ashishek s/o Dilip Vaidya,
Aged about: 36 years, Occ: Service,
R/o: 301, 'A' Wing, Water Greens,
Jaitala, Nagpur. APPLICANTS
.....VERSUS.....
State of Maharashtra,
through its Police Station Officer,
Pratap Nagar Police Station, Nagpur. NON-APPLICA
NT
Shri K.N. Shukul, counsel for the applicants.
Ms T.Khan, Additional Public Prosecutor for the non-applicant.
CORAM :SMT.VASANTI A NAIK AND
M.G. GIRATKAR, JJ.
DATE : 26 TH SEPTEMBER, 2017.
ORAL JUDGMENT (PER : M.G. GIRATKAR, J.)
The criminal application is ADMITTED and heard finally at the stage of admission with the consent of the learned counsel for the parties.
2. By the present criminal application, the applicants have prayed for quashing and setting aside the charge-sheet bearing No.2 of 2016 arising out of F.I.R. No.443 of 2015 for the offences punishable under Section 279 and 338 of the Penal Code and Sections 134 and 177 of the Motor Vehicles Act.
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APL 502/17 2 Judgment
3. It is submitted on behalf of the applicants that the applicant no.1 had lodged a report against the applicant no.2 in Police Station Pratap Nagar, Nagpur alleging that on 07.12.2015, at about 7.00 a.m., when he was going towards Chitnis Park, he was hit by a car coming from Chhatrapati square. He fell down and sustained injuries. On the report of the applicant no.1, the police station officer, Police Station Pratapnagar, Nagpur registered a crime for the offence punishable under Sections 279, 338 of the Penal Code read with Sections 134 and 179 of the Motor Vehicles Act. After conducting the investigation, the charge- sheet came to be filed before the Judicial Magistrate First Class, Court No.9, Nagpur. It is submitted that during the pendency of the criminal proceedings, the applicants have settled their dispute amicably. Since the offence punishable under Section 279 of the Penal Code is not compoundable, the applicants have approached this Court to quash and set aside the charge-sheet bearing No.2 of 2016 arising out of F.I.R. No.443 of 2015 for the offences punishable under Sections 279 and 338 of the Penal Code and Sections 134 and 177 of the Motor Vehicles Act.
4. Today, the applicants are personally present before the Court with their counsel. The applicant no.1 has stated that he had lodged the report against the applicant no.2 due to misunderstanding. The applicant no.1 has stated that that he had only mentioned the number of the car in ::: Uploaded on - 27/09/2017 ::: Downloaded on - 28/09/2017 01:40:11 ::: APL 502/17 3 Judgment his report. The applicants have stated that the applicants have settled the disputes out of the Court and in fact the applicants are having good relations as they are good friends. Therefore, the applicants have prayed before us to quash the charge-sheet bearing No.2 of 2016 arising out of F.I.R. No.443 of 2015 for the offences punishable under Sections 279 and 338 of the Penal Code and Sections 134 and 177 of the Motor Vehicles Act.
5. It is clear from the averments made in the application and the submissions made by the applicants that they have settled their dispute out of the Court. Since the applicant no.1 is not ready to prosecute the matter against the applicant no.2, it is unlikely that the applicant no.2 would be convicted for the offence punishable under under Sections 279 and 338 of the Penal Code and Sections 134 and 177 of the Motor Vehicles Act. Therefore, it would be necessary to quash the charge-sheet bearing No.2 of 2016 arising out of F.I.R. No.443 of 2015 for the offences punishable under Sections 279 and 338 of the Penal Code and Sections 134 and 177 of the Motor Vehicles Act by relying on the law laid down by the Hon'ble Supreme Court in the case of Gian Singh Versus State of Punjab, reported in (2012) 10 SCC 303 and in the case of Narinder Singh & Others Versus State of Punjab & Another, reported in (2014) 6 SCC
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APL 502/17 4 Judgment
6. Hence, we allow the criminal application and quash the charge-sheet bearing No.2 of 2016 arising out of F.I.R. No.443 of 2015 for the offences punishable under Sections 279 and 338 of the Penal Code and Sections 134 and 177 of the Motor Vehicles Act, pending before the Judicial Magistrate First Class, Court No.9, Nagpur.
Order accordingly. No costs.
JUDGE JUDGE
APTE
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