The High Court allowed the criminals application for quashing criminal proceedings in a motor accident auto-compensation case where the informant died after a settlement was reached, distributing compensation between heirs.
Quashing of FIR No. 14/2014 and Reliquascing of R.C.C. No. 158/2017; Rule made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
( 1 )
criappln3566.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3566 OF 2019
All R/o- B/60-2, Fortune rash Apartment, Opposite Hyundai Show room, Kharadi, Pune.
… APPLICANTS
(Ori. Accused No. 1 to 3)
VERSUS
Surat (Gujrat)
Mr. Amol S. Gandhi, Advocate for the applicants Mr. K. S. Patil, APP for the respondent/State Mr. A. D. Shinde, Advocate for respondent No. 2
CORAM : T. V. NALAWADE & S.M. GAVHANE, JJ. DATED : 11-12-2019
ORAL JUDGMENT (PER T. V. NALAWADE, J.):-
consent of parties for final disposal.
( 2 ) criappln3566.19.odt
14/2014 registered with Kopergaon Police Station, Dist. Ahmednagar for the offences punishable under Sections 420, 465, 467, 468, 471 read with 34 of the Indian Penal Code. Relief is claimed for quashing of the proceeding of R.C.C. No. 158/2017, which is filed in this crime.
( 3 )
criappln3566.19.odt
Rule is granted in terms of prayer clause (B).
[S.M. GAVHANE, J.] [T. V. NALAWADE, J.]
ssp/Dec.19/criappln3566.19.odt
1 issue framed by the court
Whether the criminal proceedings under Sections 420, 465, 467, 468, 471 IPC read with 34 IPC can be quashed in light of a settlement regarding compensation.
Smt. Vaishali Wd/o Rajesh Joshi
Nilesh S/o Manohar Tikekar
Nanda W/o Manohar Tikekar
The State of Maharashtra
Vijaya Wd/o Ashok Joshi
T. V. NALAWADE
S.M. GAVHANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
