GEETA KAPUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, Petitioner, accused in C.C.No.1058/PS/2016 registered for the offences punishable under Ss. 279 and 338 of the Indian Penal Code, pending before the learned Metropolitan Magistrate, 44thCourt, at Andheri, Mumbai is seeking relief of quashing the said case.

(2.) Heard Mr. Sachindra B. Shetye, learned Advocate for Petitioner and Mr. Vinod Chate, learned APP for the Respondent-State. Perused the record. Despite service of notice none appeared for Respondent No.5.

(3.) Record shows that, the aforesaid case has been registered pursuant to F.I.R. lodged at Versova Police Station, Mumbai, by Respondent No.4, Police Naik, in respect of an accident caused due to rash and negligent driving of a motor car by the Petitioner resulting in injuries to Respondent No.5. Said F.I.R. was registered as C.R.No.83/2015. Thereafter the matter was settled between the parties. Accordingly, this Petition was filed with a prayer to quash the said F.I.R. on account of the settlement. The Respondent No.5 also filed his Affidavit-in-Reply dtd. 15/6/2015 in support of the Petition wherein he has stated as under: