Amita Vikas Jain v. State Of Maharashtra And ORS
TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.01.30 10:42:44 +0530 Trupti 7-apl-3-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3 OF 2025 Amita Vikas Jain ...
Applicant versus The State of Maharashtra & Ors.
...
Respondents ---- Mr.Marmik Shah with Mrs.Jinal Mehta and Ms.Anamika Tiwari for the Applicant.
Mrs.R.A.Ambekar, APP for Respondent No.1, State. Mr.Rishabh Khot for Respondent Nos. 2 and 3.
---- CORAM :
RAVINDRA V. GHUGE & PRAVIN S. PATIL, JJ.
DATE :
27TH JANUARY, 2025 P.C. :- 1.
The Applicant/ Accused and Respondent No.3, Original Complainant, have approached this Court seeking quashing of the First Information Report (FIR) bearing No. 0445 of 2024, registered on 13th November, 2024 with the Bhoiwada Police Station, Brihan Mumbai City. Sections 281 and 125 (b) of the Bhartiya Nyaya Sanhita, 2023, have been invoked.
2.
The issue is as regards a motor vehicle accident. The Applicant was reversing the vehicle which she was driving, on 13th November, 2024. She had been at the place of the accident since
Trupti 7-apl-3-2025.odt she was to pick up her daughter from the school. The Complainant, Respondent No.3, suffered an injury above the ankle. It is stated that the Applicant/ her family spent on the entire medical treatment of Respondent No.3. His leg was saved with surgical intervention and he is now living a normal life. In addition, Respondent No.3 is being paid an amount of Rs. 1,25,000/-. This aspect is mentioned in the affidavit of no-objection tendered by Respondent No.3, dated 12th December, 2024, which is at page Nos. 27 and 28, of the original Application paper-book.
3.
In view of the above and considering the law laid down by the Hon'ble Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr.1, the Criminal Application is allowed. The FIR bearing No. 0445 of 2024, registered on 13th November, 2024 with the Bhoiwada Police Station, Brihan Mumbai City stands quashed, by consent of the parties.
(PRAVIN S. PATIL, J.) (RAVINDRA V. GHUGE, J.) (2014) 6 SCC 466