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Bombay High CourtAPL/571/2023disposed off

Karan Amit Bedi v. The State Of Maharashtra And ORS

2023-06-21Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice R. N. Laddha2 pages

30.571.23-apl.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 571 OF 2023 Karan Amit Bedi ..... Applicant Vs.

State of Maharashtra & Ors.

..... Respondents Mr. H. S. Anand for the Applicant Mr. K. V. Saste, APP for the State Ms. Noella Misquitta for Respondent No.2

CORAM:

NITIN W. SAMBRE & R.N.LADDHA, J.

DATED :

JUNE 21, 2023 P.C.

1.

A case of rash and negligent driving by the Applicant vide C.R.No.424 of 2022 punishable under Section 279, 337 of the Indian Penal Code is registered on 16th June 2022.

2.

The Applicant is seeking quashing of the aforesaid offence on the ground that he is a student and he had no criminal intention to commit the alleged offence. He has expressed his remorse and has submitted that the medical expenses incurred by the victim i.e. Respondent No.2 is already borne by the Applicant through his parents.

3.

Respondent No.2 - complainant is present in the Court and is identified by his lawyers so also the Police Officer. Basavraj 1/2

30.571.23-apl.docx 4.

The learned Counsel for the complainant has tendered an affidavit agreeing for quashing, by consent.

5.

In this background, we are of the view that the prosecution of the Applicant cannot be taken to its logical end in view of the stand taken by the Respondent-complainant who is adequately compensated.

6.

Considering the fact that the Applicant is a student, we deem it appropriate to quash the FIR in C.R.No.424 of 2022 punishable under Section 279, 337 of the Indian Penal Code, subject to payment of Rs.15,000/- (Rs. Fifteen Thousand only) to be deposited with the Police Welfare Fund within a period of two weeks from today. 7.

Receipt of the payment of such costs shall be produced before the Registry by 7th July 2023. In case, if the cost is not deposited and if receipt is not produced, the order of quashing the proceedings shall stand revived and the matter would be listed before this Court so as to enable this Court to proceed against the Applicant. 8.

The Criminal Application stands disposed of in the aforesaid terms.

(R.N.LADDHA,J) (NITIN W. SAMBRE,J) Basavraj 2/2