SMT RASHMI SANDIP PIPARE v. THE STATE OF MAHARASHTRA, AND ANR.
APL/2371/2026 · 2026-10-05
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16392 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16392 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 apl2371.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.2371 OF 2026
Smt. Rashmi W/o Sandip Pipare Aged about 43 years, Occ: Service R/o Gurukrupa Layout Bhagwan, Nagar, Nagpur, Distt. Nagpur. ...APPLICANT ...V E R S U S…
1. The State of Maharashtra, through Police Station Officer, Police Station, Ajni, Tah. & Dist. Nagpur.
2. Shankar Bhayaji Belkhode (complainant), Aged about 55 years, R/o Plot No.881, Ashirvad Nagar, Near NIT Garden, Nagpur, Distt. Nagpur. ...NON-APPLICANTS ------------------------------------------------------------------------------------------- Ms Smruti Dhoot, Advocate for applicant. Shri N.H. Joshi, APP for non-applicant no.1/State. Shri Aashutosh Sharma, Advocate for non-applicant no.2. -------------------------------------------------------------------------------------------
CORAM:-
M.W. CHANDWANI, J.
DATE
:- 05.10.2026
ORAL JUDGMENT:
1. Admit. 2. The applicant seeks quashing of the First Information Report bearing Crime No.69/2026 dated 11.02.2026 registered with Police Station, Ajni, Nagpur for the offences punishable under 2026:BHC-NAG:13309
2 apl2371.26.odt Sections 281, 125(b) of the Bharatiya Nyaya Sanhita, 2023 and Section 184 of the Motor Vehicles Act, 1988 as well as Charge- sheet No.97/2026 dated 12.05.2026 filed in S.C.C. No.13647/2026 before 21st Judicial Magistrate First Class, Nagpur on account of settlement. 3. The charge-sheet indicates that on 05.02.2026, when non-applicant no.2 / complainant was proceeding on his two- wheeler with his friend near Medical Mortuary Corner, the applicant put her car in the reverse gear in a rash and negligent manner, thereby giving a dash to the two-wheeler of the complainant. As a result of the said dash, the complainant suffered fracture injury and therefore, on his complaint, the aforesaid offence came to be registered against the applicant. 4. The complainant is present in the Court today and is duly identified by his learned counsel. Learned counsel for the complainant tendered the vakalatnama on behalf of the complainant, which is taken on record and marked as “X” for identification. The complainant has already filed his affidavit on record. It is contended in the affidavit that the matter has been amicably settled between the parties. It is further contended in the affidavit of the complainant that he does not want to prosecute the
3 apl2371.26.odt applicant and he has no objection if the FIR and the consequent proceedings are quashed. 5. The dispute appears to be private in nature. The alleged accident occurred only when the applicant was removing her vehicle from the parking slot in reverse mode. Both the parties have now settled their dispute out of the Court. 6. A reference can be made to the decision in the case of Narinder Singh and Others Vs. State of Punjab and Another, [(2014) 6 SCC 466], wherein the Supreme Court has observed as under :
“29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure : (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
….. 29.4. On the other hand, those criminal cases having overwhelmingly and predominatly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 29.5. While exercising its powers, the High Court is to
4 apl2371.26.odt examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.”
7. In view of the above, a case is made out for exercising the inherent powers of this Court to quash the FIR. Hence, the following order is passed: i. The criminal application is allowed. ii. First Information Report bearing Crime No.69/2026 dated 11.02.2026 registered with Police Station, Ajni, Nagpur for the offences punishable under Sections 281, 125(b) of the Bharatiya Nyaya Sanhita, 2023 and Section 184 of the Motor Vehicles Act, 1988 as well as Charge-sheet No.97/2026 dated 12.05.2026 filed in S.C.C. No.13647/2026 before 21st Judicial Magistrate First Class, Nagpur are hereby quashed and set aside subject to the applicant depositing costs of ₹5,000/- (Rupees Five Thousand Only) to “Public Welfare Fund” with Union Bank of India, High Court Branch, Nagpur having Account No.129712010001014 and IFSC Code UBIN0812978
5 apl2371.26.odt within a period of two weeks from the date of this
order. iii. The application stands disposed of.
(M.W. CHANDWANI J.) Wagh Signed by: Mr. S.R. Wagh Designation: PA To Honourable Judge Date: 06/10/2026 19:12:53