Milind Prabhakar Kelkar v. The State Of Maharashtra And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1138 OF 2025 Milind Prabhakar Kelkar .... Petitioner versus The State of Maharashtra & Anr.
.... Respondents .......
• Mr. Mrunal Bhide h/f Ayush Pasbola i/b. Prajyot Shrivastav, Advocate for Petitioner.
• Mr. S. R. Agarkar, APP for the State/Respondent. • Mr. Pradeep P. Kumavwat, Advocate for Respondent No.2.
CORAM
: SARANG V. KOTWAL & S. M. MODAK, JJ.
DATE : 20th MARCH, 2025 P.C. :
1.
This matter is mentioned before us for Speaking to the Minutes to correct the cause title in the order dated 10/03/2025. The Respondent No.1 is described as the State of Maharashtra, at the instance of Senior Inspector of Police, Charkop Police Station vide C.R.No.549 of 2023. This cause title is taken from the cause title mentioned in the Petition itself. Digitally signed by MANUSHREE NESARIKAR Date:
2025.03.25 13:25:04 +0530 Learned counsel for the Petitioner submitted that it was MANUSHREE NESARIKAR an inadvertent typographical error on their part to mention the Nesarikar
2 / 5 wrong FIR number. The correct FIR number is C.R. No.463 of 2023, registered vide Mahim Police Station. She invited our attention to Ex.'A', where the correct number is mentioned. 3.
In the main part of the order dated 10/03/2025, there is no error. Thus, it is merely a typographical error. Therefore, learned counsel for the Petitioner is granted leave to correct the cause title in the Petition itself. Amendment shall be carried out forthwith.
4.
The cause title mentioned in the order dated 10/03/2025 be accordingly corrected and the corrected copy be uploaded.
(S. M. MODAK J.) (SARANG V. KOTWAL, J.) CORRECTED ORDER DATED 10/03/2025 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1138 OF 2025
3 / 5 1.
Milind Prabhakar Kelkar Age : 55 Years, Occupation : Service, Residing at : A-1304, Oberoi Park View, Thakur Village, Kandivili East, Mumbai : 400 101.
...Petitioner
Versus
1.
The State of Maharashtra At the instance of Sr.Inspector of Police, Mahim Police Station vide F.I.R. No.463 of 2023.
Chandrashekar Manohar Revankar Age : 51 Years, Occupation : Driver, Residing at : 1006, Mahalakshmi CHS, Hira Arjan, Arjunwadi, Near Meena Hospital, Ghansoli, Navi Mumbai. ...Respondents ***** Mr.Ayush Pasbola a/w Mr.Prajyot Shrivastav - Advocates for Petitioner.
Mr.S.R.Agarkar - APP for Respondent No.1 - State. Mr.Pradeep P. Kumawat - Advocate for Respondent No.2. ***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.
DATE : 10th MARCH 2025 P.C. :
1.
Heard learned Advocate for the Petitioner, learned APP and learned Advocate for the First-Informant.
4 / 5 The incident took place on 10th September 2023 at about 3.45 p.m. The Petitioner was driving his car having Registration No.MH-AY-1247. The Petitioner struck another car which was Wagon R bearing No.MH-43-CE-2601. The car driven by the First-Informant was going towards Dadar and the car driven by the Petitioner was behind it when the accident took place. The First-Informant informed the Mahim Police Station on 10th September 2023. They registered an offence under Sections 279, 336, 427 of the Indian Penal Code, 1860 ("IPC") and under Section 184 of the Motor Vehicles Act, 1988. The charge-sheet was also filed for those offences.
3.
This Petition is for quashing of the F.I.R. and the charge-sheet. During pendency, the Petitioner and the FirstInformant have settled the dispute and the First-Informant is consenting for quashing of the F.I.R.
Today, he is present in the Court. He has filed an Affidavit. He is identified by his learned Advocate. He admits the contents of the Affidavit. Para No.4 refers about his "No objection" for quashing of the F.I.R.
5 / 5 4.
Even though the F.I.R. refers to one more car, learned APP, on instructions, submitted that the investigation did not reveal damage to any other car.
5.
Considering the nature of the offence involved and considering the fact, that the parties have settled the dispute and as such, the society is not involved, we are inclined to quash the F.I.R. and consequent proceeding. Hence, order:-
O R D E R
(i) The Petition is allowed.
(ii) The F.I.R. bearing No.463 of 2023 registered with Mahim Police Station and the consequent proceeding are hereby quashed and set aside.
6.
In view of this, the Petition is disposed of. (S.M.MODAK, J.) (SARANG V. KOTWAL, J.)