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Bombay High CourtWP/1371/2025allowed

Shrikant Bhaskar Kiratkar v. State Of Maharashtra And ORS

2025-03-26Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1371 OF 2025 Shrikant Bhaskar Kiratkar .....Petitioner

Versus

The State of Maharashtra and others .....Respondents ----- Mr. Vatsal Parmar, Advocate i/b. M.K. Juris Associates for the Petitioner.

Mr. S.R. Agarkar, APP for the Respondent Nos.1 & 2-State. Ms. Khyati H. Shah, the Respondent No.3 in-person appeared through Video Conferencing.

----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 26th MARCH, 2025 P.C. :

1.

This is a Petition for quashing of proceedings arising out of C.R. No.234/2018 dated 23.8.2018 registered at Vasai police station, District-Palghar under Sections 279 and 427 of IPC as well as under Sections 184 and 187 of the Motor Vehicles Act. 2.

Heard Mr. Vatsal Parmar, learned counsel for the Petitioner, Mr. S.R. Agarkar, learned APP for the Respondent Nos.1 & 2-State and Ms. Khyati Shah, the Respondent No.3 appearing in-person through Video Conferencing. PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.03.27 12:41:08 +0530 Deshmane(PS)

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3.

The FIR is lodged by the Respondent No.3. She has stated that on 17.8.2018 she was riding her two-wheeler at about 2:15 p.m. near Vasai Court. She was taking a turn; at that time, suddenly one car came from behind and struck her two-wheeler. She fell down on the road. She suffered some injuries on her limbs and chest. The car driver stopped the car and made inquiries with her about her health. She noted the car number. The driver gave his name but then he left from the spot. The bystanders took her to a hospital. She took treatment and then lodged the FIR.

4.

The matter is now settled between the parties. The Respondent No.3 has filed her affidavit. She has stated in her affidavit that the disputes and differences were resolved between the parties and that she did not want to pursue any criminal proceedings in any court of law or any police station against the present Petitioner. She has given her irrevocable consent to quash the proceedings.

5.

The Respondent No.3 appeared through Video Conferencing before the Court. She told the Court that she had

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suffered a hairline fracture to her ankle but she has fully recovered and she has no grievance against the Petitioner. She stated that it was an unintentional accident and, therefore, she was willing to give consent for quashing of the proceedings. 6.

Considering the special request made by the informant herself and considering that the matter is settled between the parties and also since no major injuries are caused to the informant, we are inclined to allow this Petition. 7.

Hence, the following order:

:: O R D E R ::

i.

The FIR being C.R. No.234/2018 dated 23.8.2018 registered at Vasai police station, District-Palghar as well as the consequent proceedings arising therefrom, are quashed and set aside.

ii.

The Petition is disposed of accordingly.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS)