..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4241 OF 2008 Rajan Dharamraj Saroj and 3 others. ..Applicants. Versus The State of Maharashtra and Anr. ..Respondents. .... Ms.Sartaj Shaikh, Advocate for the applicants. Mr.R.B.Mungekar, Advocate for respondent No.2. Mr.V.B.Konde-Deshmukh, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 1st December, 2008. DATED : 1st December, 2008. DATED : 1st December, 2008. P.C.: 1. Heard the learned Advocate for the applicants - orig.accused, the learned advocate for respondent No.2 - orig.complainant and the learned APP for the State. The complainant is present before the Court. 2. The applicants are seeking quashing of C.C. No.38/PW/2007 pending before the learned Metropolitan Magistrate, 5th Court, Dadar, Mumbai. It pertains to C.R. No.394 of 2006 of Dadar police station. The said case is mainly under Section 326 of Indian Penal Code. ..(2).. 3. The learned Advocate for the complainant states that the dispute has been amicably settled between the parties and the complainant does not wish to proceed and prosecute the said case and hence, she has prayed that the said case be quashed. Affidavit to that effect has been tendered by the complainant who is present in Court, which is taken on record and marked "X" for identification. 4. Reliance was placed on the decision of the Supreme Court in the case of Mahesh Chand and another Mahesh Chand and another Mahesh Chand and another Vs. State of Rajasthan, Vs. State of Rajasthan, Vs. State of Rajasthan, reported in AIR 1988 SC AIR 1988 SC AIR 1988 SC 2111 2111 2111. In the said case, offence was under Section 307 of Indian Penal Code. In view of the compromise between the parties, the Supreme Court directed the trial Judge to accord sanction to compound the offence. Reliance was also placed on the decision of the Supreme Court in the case of Y.Suresh Babu Vs. Y.Suresh Babu Vs. Y.Suresh Babu Vs. State of Andhra Pradesh State of Andhra Pradesh State of Andhra Pradesh, reported in JT 1987 (2) 361 JT 1987 (2) 361 JT 1987 (2) 361 SC SC SC, wherein the Supreme Court granted leave to compound the offence under Section 326 of Indian Penal Code on account of compromise between the parties. 5. In view of the fact that the dispute has been ..(3).. amicably settled between the parties and in view of the fact that the complainant does not wish to prosecute the accused, in my opinion no purpose would be achieved by continuing the prosecution, hence, in order to maintain peace and harmony between the parties and in the interest of justice the said C.R. deserves to be quashed. Accordingly C.R. No.394 of 2006 of Dadar police station, Mumbai and proceedings relating thereto are quashed. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)