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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S. S. Shinde, J
Prasad s/o Anil Kukekar – Appellant
Versus
State of Maharashtra – Respondent
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| 1. application for quashing fir based on allegations of culpable homicide. (Para 2 , 4) |
| 2. court stated that mens rea is essential for culpable homicide. (Para 7 , 9) |
| 3. case law supports the necessity of intent for culpable homicide definitions. (Para 10 , 11 , 12) |
| 4. court allowed the petition based on the amicable settlement. (Para 13 , 14) |
1. Rule. Rule is made returnable forthwith. By consent of learned Counsel present for the parties, matter is taken up for final disposal.
2. This application filed under S.528 of the Bhartiya Nagarik Suraksha Sanhita , 2023 seeks quashing of First Information Report No.477/2024 registered with Deoli Police Station, District Wardha for offence under S.304 read with S.34 of the Indian Penal Code , read with S.14 of the Child Labour (Prohibition and Regulation) Act , 1986 and S.92 of the Factories Act , 1948.
3. Non - applicant No.2 lodged first information report against 8 accused wherein, applicants are arrayed as accused nos. 1 to 7. They are working in a company namely SMW Ispat Pvt. Ltd. MIDC Deoli. Their designations are as follows :Applicant No.1 is Assistant Manager, Applicant No.2 is Chief Marketing Officer, Applicant No.3 i
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