Shri. Sanjay S/O Madhukarrao Kale And 2 Others v. The State Of Maharashtra Thr. Pso Ps Nandanwan Nagpur Dist.Nagpur And Another

2024:BHC-NAG:8745-DB 1 931.apl.1032.24-J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1032 OF 2024

1. Shri Sanjay S/o. Madhukarrao Kale, Aged about 59 years, Occ.- Business, R/o. Nandanwan, Nagpur - 4400.

2. Mrs. Jayshree W/o. Sanjay Kale, Aged about 55 years, Occ.- Business, R/o. Nandanwan, Nagpur - 4400.

3. Mr. Xavier S/o. Arickdas Pillay, Aged about 47 years, Occ.- Service, R/o. Mariam Nagar, Near Telegram Office, Civil Line, Nagpur - 440001.

... APPLICANT S ...VERSUS...

1. The State of Maharashtra, through the Police Station Officer, Police Station Nandanwan, Nagpur, District - Nagpur.

2. Shri Dilipkumar S/o. Zagdu Gupta, Aged about 50 years, Occ.- Nil, R/o. Near Hanuman Mandir, Sangharsh Nagar, Bhandewadi, Nagpur.

...NON-APPLICANTS ------------------------------------------------------------------------------------------------ Mr. P. R. Puri, Advocate for Applicants.

Ms. K. H. Bhondge, A.P.P. for Non-applicant/State. Mr. M. A. Vishnu, Advocate for Non-applicant No.2. ----------------------------------------------------------------------------------------------- CORAM : VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ.

DATED :- 07.08.2024 ORAL JUDGMENT (PER :

VINAY JOSHI , J.

) :- 1.

Heard.

2 931.apl.1032.24-J.odt 2.

ADMIT. The matter is taken up for final disposal by consent of learned Counsel appearing for the parties.

3.

This is an application seeking to quash charge-sheet arising out of First Information Report No. 0629/2021 registered with Nandanwan Police Station, Nagpur City for the offence punishable under Sections 304-A of the Indian Penal Code and Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015 along with proceedings S.C.C. No.8767/2022 pending before Judicial Magistrate First Class, Nagpur, on account of mutual settlement.

4.

The informant's minor son was engaged by contractor namely Kanhaiya Patel in catering business. On the date of occurrence, a minor working at the marriage hall sustained head injury while using the elevator meant for carrying food items. Since safety measures were not taken, minor died, hence, father Dilipkumar lodged report, on the basis of which, crime was registered.

5.

The informant Dilipkumar has also filed complaint under the provisions of the Employee's Compensation Act, 1923 before the designated authority i.e. Labour Commissioner, in which, compensation has been awarded. The amount of compensation of Rs.12,00,000/- has agreed to be paid by the present applicants to the informant.

3 931.apl.1032.24-J.odt 6.

Today, two demand drafts in the name of parents of the deceased of Rs.6,00,000/- each have been handed over. The matter has been amicably settled. Both informant Dilipkumar (father) and mother of the deceased Savitridevi had filed their affidavits stating about settlement and their no objection to quash the proceedings. 7.

On re-examination of fact, it reveals that the principal offence is of causing death by negligence. The applicants were in the control of marriage hall where the unfortunate incident occurred. There is no material rather to indicate any intentional act. Moreover, the provision itself discloses that there is absence of mens rea. Considering the gravity of offence and in particular the settlement arrived at by the parties, continuation of prosecution would be an exercise in futility. Moreover, today, the entire compensation amount has been paid to the parents of the deceased. The applicants have expressed their willingness to deposit sum of Rs.20,000/- towards costs as police machinery was rotated in making investigation and filing of charge-sheet. The offence cannot be termed as heinous or of antisocial nature. Considering all above coupled with the settlement between the parties, continuation of prosecution amounts to abuse of the process of Court. Hence, order : i] The application is allowed.

4 931.apl.1032.24-J.odt We hereby quash and set aside the charge-sheet arising out of First Information Report No. 0629/2021 registered with Nandanwan Police Station, Nagpur City for the offence punishable under Sections 304-A of the Indian Penal Code and Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015 along with related S.C.C.No.8767/2022 pending before Judicial Magistrate First Class, Nagpur.

ii] The applicants shall deposit sum of Rs.20,000/- towards costs with the Vidarbha Lady Lawyers Association within a period of two weeks from today.

8.

The matter be placed on 27.08.2024 for noting compliance. (MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 09/08/2024 16:11:31 RGurnule