High Court Bombay criminal bench allowed quashing of FIR regarding road accident involving offences under IPC sections 279, 337, 338 based on consent of injured party and application of Narinder Singh precedent.
Quashing of FIR dated 21.6.2011 bearing C.R. No. 182 of 2011 lodged at Bangurnagar Police Station.
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APL 1301 of 2016
Vat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 1301 OF 2016
Mr. Jason Nath ...Applicant Vs.
The State of Maharashtra and Ors. ...Respondents
Mr. Kedar Patil for the Applicant Mr. S.V. Saste -APP for Respondent No.1 Mr. Nilesh Patil for Respondent Nos.2 and 3 ******
CORAM : V. M. KANADE &
Ms. NUTAN D. SARDESSAI, JJ.
DATE : NOVEMBER 22, 2016
P.C. :
2/2 APL 1301 of 2016
It is not in dispute that the Applicant took the injured to the hospital and looked after the injured till he was discharged from the hospital. The Applicant had paid the medical bill and paid an amount of Rs.1,20,000/- to the injured. The injured person has filed his reply. We have interviewed him. Consent terms have been filed by the parties. The injured- Respondent No.2, who is appearing in person, has stated that he has no objection if the complaint is quashed. In view of the judgment of the Apex Court in the case Narinder Singh and Ors. vs. State of Punjab and Anr. [(2014) 6 SCC 466] , in our view, this is a fit case where the complaint can be quashed by consent. The Criminal Application is allowed in terms of prayer clause (b) and is disposed of.
Ms. NUTAN D. SARDESSAI, J. V.M. KANADE, J.
Vaishali Tikam
1 issue framed by the court
Whether the FIR lodged for offences under sections 279, 337 and 338 IPC causing road accident can be quashed in view of consent.
Colour shows how this judgement treated each authority
Narinder Singh and Ors. vs. State of Punjab and Anr.Applied¶17
Narinder Singh and Ors. vs. State of Punjab and Anr. [(2014) 6 SCC 466] · Who else cites this
3 provisions across 1 enactments
Mr. Jason Nath
The State of Maharashtra
Respondent No.2
V. M. Kanade
Ms. Nutan D. Sardessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
