Rijul Naresh Gosar v. Anthony Gyanchandra Nadar And ANR

1/2 WP/4195/2016 BDPPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4195 OF 2016 Rijul Naresh Gosar ..... Petitioner.

V/s Anthony Gyanchandra Nadar & Anr.

..... Respondents.

Mr. Anandini Fernandes for the Petitioner.

Mr. Deepak Kilaye for Respondent No.1 Mrs. S.V. Sonawane, APP for the Respondent/State. CORAM: V. M. KANADE & Ms. NUTAN D. SARDESSAI, JJ.

DATE:

8th December, 2016 P.C.:- 1] This is an application for quashing the complaint filed by Respondent No.1 for the offence punishable under sections 279, 338 of the Indian Penal Code.

2] Complainant was travelling on motor-cycle and it collided with the Petitioner's car which was driven by the Petitioner. He has stated that the Petitioner took him to Sion Hospital and paid for his medical expenses and he has also agreed to pay Rs 3 lakhs towards full and final settlement of the claim against him. Complainant has also filed claim against the owner of the motor-cycle and the said complaint is pending. Complainant has stated that he has no objection if the

2/2 WP/4195/2016 complaint is quashed.

3] Complainant is present in court. He has reiterated the facts stated in his affidavit-in-reply. In view of the judgment of the Apex Court in Narinder Singh and Others vs. State of Punjab and Another1, in our view, there is no impediment in quashing the criminal case filed under sections 279, 338 of the Indian Penal Code since the factum of intention is absent in such cases and the said incident was purely an accident. We have therefore no hesitation in applying the ratio of the judgment of the Apex Court in Narinder Singh (supra). 4] Writ Petition is therefore allowed in terms of prayer clause (a) and disposed of.

(Ms. NUTAN D. SARDESSAI, J. ) (V.M. KANADE, J.) 1 (2014) 6 SCC 466