SAHIL LAKSHMANAN Vs. JAYANAND SALVI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the counsels for the parties, heard finally.

(2.) This petition under Article 226 of the Constitution of India and section 482 of Code of Criminal Procedure, 1973 is preferred to quash and set aside the C.R.No. 95 of 2021 registered with Khar police station, Mumbai for the offences punishable under section 279 and 337 of Indian Penal Code and under section 134(a) and (b) of Motor Vehicle Act, 1988 at the instance of respondent No. 1- frst informant, on the basis of the settlement arrived at between the parties.

(3.) The gravamen of the indictment of the petitioner is that in the night intervening 1st and 2nd March, 2021 at about 00.45 hours while the respondent No. 1 was on his way to Khar railway station, in rickshaw bearing No. MH-02-EW-6178, a motor car bearing No. MH-03-DK-0601 came in a very high speed and collided with the auto rickshaw. On account of the impact, the respondent No.1 sustained injuries on his right leg. The petitioner, who was on the wheel the said car, drove it in a rash and negligent manner. The petitioner sped away without providing medical assistance to respondent No.1 and apprising the police about the accident. Hence, respondent No.1 lodged report at Khar police station leading to C.R.95 of 2021 for the aforesaid offence.