((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1820 OF 2009 Tarkeshwar Gorakhnath Pande & anr. Applicants versus State of Maharashtra & anr. Respondents Gajendra Jadhava for applicants. H.J.Dedhia, APP for the State. S.R.Mithare for respondent no.2. CORAM : A.S.OKA, J. DATE : 22nd April 2009 PC : 1. Rule. Learned APP waives service for the first respondent. Learned counsel for the second respondent waives service. 2. The second respondent is the first informant at whose instance the FIR was registered for the offence punishable under section 326 read with section 34 of the Indian Penal Code. 3. In this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code") a ((-2-)) prayer is made for quashing the prosecution on the ground that there was a settlement arrived at between the applicants who have been arraigned as accused and the second respondent who is the first informant. The first informant had alleged that the petitioners had assaulted him by a stick on his head. The second respondent has filed an affidavit in this Court stating that a statement was already made by him before the Magistrate as well as before the Sessions Court that he had no grievance against the applicants. I have perused the injury certificate available with the investigating officer. 4. Considering the nature of allegations in the FIR, the nature of injuries sustained by the second respondent and the stand taken on oath by the second respondent, this is a peculiar case where the power under section 482 of the said Code will have to be exercised. Considering the peculiar facts of the case, continuation of prosecution will not serve any purpose. Moreover, the chances of conviction are very bleak. In the circumstances, a case is made out for quashing the proceedings. ((-3-)) 5. Accordingly, Rule is made absolute in terms of prayer clause (a). It is clarified that the correct CR No. is I-52 of 2009. The applicants shall be forthwith set at liberty unless they are required in any other case. (A.S.OKA, J.)