Anuja Prabhudessai, J.

Rule. Rule made returnable forthwith. By consent of parties taken for hearing.

2. This is a petition filed under Article 226 of the Constitution of India, 1950 and Section 482 of Code of Criminal Procedure for quashing the FIR No. 87 of 2015 registered with Mahim Police Station for the offences punishable under Section 279, 338 and 304 of the Indian Penal Code.

3. At the outset it may be mentioned here that the Petitioner herein has relied upon the affidavits of Cline Sinclair Valadares, and Clint Sinclair Valadares, sons of the deceased Sinclair Valadares. stating that the accident was caused as their father had turned back on seeking a heavy vehicle coming towards him and in the process dashed against the motor cycle driven by the Petitioner. They have stated that the accident was not caused due to rash and negligent driving by the petitioner. They have given their no objection for quashing the chargesheet.

4. It is to be noted that the offence under Section 304A of IPC presents a situation where a victim has lost his life due to the rash and negligent act of the accused. The offence under Section 304A of Indian Penal Code is not an offence which is p