Ashish Jagannath Bhirud And Others v. The State Of Maharashtra And Another

13-Cr. Application No.2957.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2957 OF 2022 Ashish Jagannath Bhirud and others

Versus

The State of Maharashtra and another ---- Mr.L.V.Sangit, Advocate for applicants Mr.P.N.Kutti, APP for respondent no.1 Mr.S.P.Rathod, Advocate for respondent no.2 ---- CORAM : R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE : SEPTEMBER 27, 2023 ORDER :- Heard.

2.

The applicants are sought to be prosecuted for the offence punishable under Section 304-A of Indian Penal Code. The FIR has been lodged by the father of the deceased. The deceased had completed M.B.B.S. and was on internship with the very college. He was residing in boys' hostel. It is informed that the hostel students were not permitted to use outside electric appliances, still, the deceased and his room-mate had brought an electric cooler in the hostel room. The deceased came in contact with the electric cooler and died of electrocution.

13-Cr. Application No.2957.2022 3.

In view of the above factual backdrop, we endorse the settlement arrived at between the informant and the applicants. There is on record a document indicating the informant to have been paid Rs.5 Lakhs as ex-gratia. Moreover, additional Rs.3 Lakhs is being paid before us by demand draft. Respondent no.2 - informant gives express consent to allow the application. 4.

In view of respondent no.2 - informant's consent and in the above factual backdrop as well, we find it to be a fit case to grant relief, as prayed for. The application is, therefore, allowed in terms of prayer clause (A).

[SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP