Vrishaan Khosla v. State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB CRIMINAL APPELLATE JURISDICTION PURTI PRASAD PARAB Date: 2024.10.14 10:48:54 +0530 CRIMINAL WRIT PETITION NO. 3900 OF 2024 Vrishaan Khosla ....Petitioner V/s.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Sahil Rathod i/b Mr. Nikhil R. Kulkarni for Petitioner. Mr. Ashish I. Satpute, APP for State.

Mr. Harshawardhan M. Pawar a/w Mr. Padmasinh P. Patil i/b Ms. Akanksha Jagdale for Respondent No.2.

API Mr. Karande attached to Chaturshrungi Police Station, Pune present. ---- CORAM : SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATED : 9th OCTOBER 2024 P.C. :

1.

This Petition is filed for quashing of the FIR bearing C.R. No. 447 of 2024 registered at Chaturshrungi Police Station, Pune under Section 279, 338 of the Indian Penal Code, 1860 (the IPC) and under Section 184 of the Motor Vehicles Act, 1988. Learned APP states that now the investigation is over and the charge-sheet is filed. Because of this development leave to amend is granted to the learned counsel for Petitioner to amend the prayer clause praying for quashing of the consequent charge-sheet. The amendment be carried out forthwith.

2.

Heard. The FIR was lodged by the First Informant. He has met with an accident which occurred on 18th May 2024. The First Informant

2/3 was returning home on his two wheeler. He was travelling on Senapati Bapat Road. At that time, while he was taking right turn another, motor cycle came in a speed and hit his two wheeler at around 1.15 a.m. in the mid night between 18th May 2024 and 19th May 2024. The First Informant fell down causing fracture to his left leg and ribs on the left side. The number of the motor cycle causing accident was noted. It was that of the present petitioner and therefore the FIR was lodged. 3.

Now, the matter is settled between the parties and the First Informant - Respondent No.2 has filed affidavit mentioning that he has no objection if the FIR is quashed and set aside and that he was giving complete consent to allow the prayer clauses in the Petition. It is mentioned in the affidavit that the dispute was amicably settled between the parties. A copy of the affidavit dated 7th August 2024 is already on record. A fresh affidavit dated 21st September 2024 is also filed reiterating the same averments. It is also taken on record. Considering that the Petitioner is a young man of 22 years of age and it appears to be an accident and since the First Informant has no objection for quashing of the proceedings, we are inclined to allow this petition. Hence, the following order.

ORDER

1. The FIR bearing C.R. No. 447 of 2024 registered at Chaturshrungi Police Station, Pune under Section 279, 338 of the Indian Penal Code, 1860 (the IPC) and under

3/3 Section 184 of the Motor Vehicles Act, 1988 and the consequent charge-sheet are quashed and set aside.

2. The Petition is allowed in the aforesaid terms.

3. Petition is disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)