Pooja Ajay Kapadia v. State Of Maharashtra And ANR

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.12.23 14:18:52 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1580 OF 2025 Pooja Ajay Kapadia ... Applicant

Versus

The State of Maharashtra & Anr.

... Respondents Mr. Kripashankar N. Pandey a/w Mr. Himanshu Indise for the Applicant Mr. V. B. Konde Deshmukh, Addl. P.P for the Respondent No.1State Mr. Dipen Furia i/b Mr. Chaitanya Malgaonkar for the Respondent No. 2 PSI Mr. Pravin Budhawant from Kandivali Police Station, is present CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

MONDAY, 22 nd DECEMBER 2025 P.C :

Heard learned counsel for the applicant.

By this application, the applicant seeks quashing of the FIR registered vide C.R. No. 847/2025 with Kandivali (West) 1/3

Police Station, Mumbai, for the alleged offences punishable under Sections 281, 324(4) and 125 of the Bhartiya Nyaya Sanhita. Learned counsel for the applicant states that taking the prosecution case as it stands, no offences as alleged are disclosed qua the applicant. He submits that the applicant, whilst reversing his car, dashed into the respondent No. 2's car. He submits that no person was seated in the vehicle of respondent No. 2 and, therefore, the question of endangering any person would not arise. He submits that it was purely an accident and none of the sections as alleged could have been invoked by the police. He submits that the present FIR has been registered against the applicant, only with the intent to harass the applicant and to extort money.

Issue notice to the respondents. Learned Additional Public Prosecutor waives notice on behalf of respondent No. 1, and Mr. Furia waives notice on behalf of respondent No. 2. They both seek time to take instructions.

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Having perused the FIR and the material on record as well as snapshot of the CCTV footage collected during the investigation and having heard learned counsel for the applicant, we are of the prima facie view that no offence, as alleged under the aforesaid sections, is disclosed. The incident cannot be said to be a rash or negligent act so as to endanger the life of any individual. As noted above, no person was seated in the car which was hit by the applicant's car.

Considering the aforesaid, in the meantime, till the next date, the investigation being carried out by Respondent No.1 i.e. Kandivali (West) Police Station, is stayed. Stand over to 23rd January 2026.

SANDESH D. PATIL, J.

REVATI MOHITE DERE, J.

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