1 Cri.A.3228/10 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3228 OF 2010 Nitin Dnyaneshwar Daundkar & Ors. .. Applicants V/s The State of Maharashtra & Anr. .. Respondents ... None for the petitioners. Mr. H.J. Dedhia, A.P.P. For the State. CORAM : N.D. DESHPANDE, J. DATE : 15TH OCTOBER 2010 P.C. : 1. None present for the applicants. Heard Mr. Dedhia, learned A.P.P. for respondent no.1 State. 2. This application is filed under section 482 of the Code of Criminal Procedure, 1973 (for short “the Cr. P.C.”) for quashing the proceedings in C.R. No.171/2010 registered with Shirur Police Station under sections 395, 353, 337, 323, 504, 506, 427, 120-B of the I.P.C. and section 8(A) of the Maharashtra Toll Act on the complaint of respondent no.2 – Ramesh Raghu Borkar. It 2 Cri.A.3228/10 is found that the accused in this criminal case were in police custody for a considerable period considering the seriousness of the offences alleged in the F.I.R. Meanwhile, the complainant is said to have shown some favour and his inclination to compound the matter by filing affidavit in favour of the present applicants who are the original accused. Such averments are found in the petition itself. However, the respondent no.1 recorded its objection and also filed an affidavit opposing quashing of the proceedings on the basis of the alleged compromise or affidavit of the complainant. 3. Mr. Dedhia, learned A.G.P. for the respondent no.1 pointed out that the incident involves an assault on a public servant – police personnel also and cannot be said to be private party dispute. As such there is no question of compounding or quashing the proceedings. 4. I am satisfied with the submission of Mr. Dedhia, learned A.G.P. for the respondent no.1 State, that in such matters where offences are serious in nature, indisputedly non-compoundable, cannot be the subject matter of such applications/petitions under section 482 of the Cr.P.C. Section 482 of the Cr. P.C. reads thus: 3 Cri.A.3228/10 “482. Saving of inherent powers of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” In fact, what is noticed and as has been pointed out by the learned A.G.P. for the respondent no.1 that applicants-accused in procuring the affidavit of the complainant in their favour pending investigation, is nothing but tampering the investigation and the prosecution case. Considering the submissions, the present application is totally misconceived and deserves to be rejected and is accordingly rejected. 5. Today when this matter was called out, nobody appeared for the petitioner so also on the earlier occasion. On the request of Mr. Dedhia, learned A.G.P. for the State, liberty is given to the State or the concerned police station who are investigating the crime to take appropriate remedy for the alleged misuse of bail granted to the accused to secure the ends of justice. 4 Cri.A.3228/10 6. This order be communicated to the concerned court, the concerned police station, the applicants, so also the complainant. (N.D. DESHPANDE, J.)