1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1892 OF 2009 Mikhail Neville Kelawala Applicant versus The State of Maharashtra & others Respondents Sartaj Shaikh for the applicant. R.B.Mungekar for respondent no.2. Y.S.Shinde, APP for the State. CORAM : A.S.OKA, J. DATE : 29th June 2009 PC : 1. Rule. Learned counsel for the second respondent waives service. Learned APP waives service for the State. 2. The prayer in this application is for quashing the criminal proceedings initiated on the basis of FIR lodged by the second respondent alleging commission of offence under section 279 read with section 338 of the Indian Penal Code. The allegation made by the second respondent is that while the second respondent was crossing the road one Maruti Car driven by the applicant came from the left hand side and gave a dash to him. As a result, he sustained injuries. The allegation is that the applicant was driving the vehicle in rash and negligent manner. 3. The prayer is made for quashing on the ground of amicable settlement between the parties. An affidavit has been filed by the second 2 respondent supporting the prayer for quashing. Today the learned counsel for the parties have placed on record certified copy of the award passed by the Motor Accident claims Tribunal in a claim petition for compensation filed by the second respondent. The award is passed by the consent of the parties in terms of the compromise arrived at before Justice I.G.Shah (Retired) who acted as a Sole Conciliator. The Insurer of the vehicle owned by the applicant paid a sum of Rs.1.75 lakhs to the applicant by way of compensation under the said settlement. In the affidavit of the second respondent filed on 15th June2009 it is stated that the expenditure on medical treatment was borne by the applicant and he has received further compensation of Rs.25,000/- from the applicant. 4. Considering the aforesaid peculiar facts and considering the fact that the allegations made by the second respondent in the FIR regarding rash and negligent driving against the applicant are very vague, this is a case where the power under section 482 of the Code of Criminal Procedure, 1973 deserves to be exercised for quashing the criminal proceedings. 5. Hence, I pass following order :- (a) Rule is made absolute in terms of prayer clause (a); (b) All concerned to act on an ordinary copy of this order duly authenticated by Registry of this Court. (A.S.OKA, J.)