-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.765 OF 2009 Anushree Rajkamal Bajaj : Applicant V/s. State of Maharashtra & Ors. : Respondents ... Mr.Sameer P. Nangre for the applicant. Ms A.T.Javeri, Addl. Public Prosecutor for the State. Mr.S.K.Shah i/b. M/s.Shah Legal for resp. nos.2 to 4. ... CORAM : A.S.OKA, J. DATE : APRIL 27, 2009. P.C. Rule. Ms Javeri, the learned Addl. Public Prosecutor for the State, and Mr.Shah, the learned counsel for the respondent nos.2 to 4, waive service. Taken up for hearing forthwith. 2. This is an application for quashing criminal proceedings initiated on the basis of a F.I.R. lodged against the applicant alleging commission of offences under sections 279 and 338 of the Indian Penal Code. The first informant is the 2nd respondent. -: 2 :- 3. The 2nd respondent along with her brothers and other relatives were crossing road in front of Taraporwala Aquarium at Marine Lines, Mumbai. While crossing the road, the allegation is that a car driven by the applicant came in an excessive speed from the side of Walkeshwar and gave a dash to the brother of the first informant by name Akash. He sustained injuries and he was admitted to Bombay Hospital. 4. The prayer for quashing is made on the ground of settlement between the parties. 5. The applicant has filed an additional affidavit setting out the expenditure incurred by her on medical treatment of the injured boy as well as for stay and food of the relatives of the injured. 6. There is an affidavit filed by the 4th respondent who is the father of the injured boy recording that his son is now medically fit and is following his day-to-day pursuits on his own. He has stated that he has no grievance against the applicant as all the expenses have been paid and taken care of. He has stated that he has no desire of prosecuting the applicant. 7. I have perused the documents produced by the applicant -: 3 :- along with the additional affidavit. The said documents show that the total expenses of Rs.1,72,913.25 have been incurred by the applicant on medical expenses and other miscellaneous expenses. 8. Considering the averments made in the application and the affidavits filed on record, I find that the power under section 482 of the Code of Criminal Procedure, 1973, deserves to be exercised, considering the peculiar facts of the case. Reliance has been placed by the Advocate for the applicant on a decision of this Court dated 24.2.2004 in Writ Petition No.274 of 2004 (Maheen Niteen Pradhan v. State of Maharashtra & Anr.). Considering the said decision, a case for quashing the criminal proceedings is made out. 9. Accordingly, I pass the following order:- O R D E R (a) Rule is made absolute in terms of prayer clause (a). 10. All concerned to act upon an authenticated copy of this order. -: 4 :- A.S. OKA, J.