1 cr-wp-2992-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. W.P. NO. 2992 OF 2010 Luken Joseph D ’Souza and Anr. ..Petitioners Vs. The State of Maharashtra and Anr. ..Respondents .... Mr. Nitin Gangal Adv. for Petitioners Mr. V.B.Konde-Deshmukh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 13, 2010 P.C.: 1 Heard the learned advocate for the petitioners and the learned APP for the State. Complainant is present in person. 2 The prosecution case is that the complainant and accused are friends. Petitioner no.1 and accused studied in the same school. On 6.9.2010 when the complainant was sitting near Santosh talkies, the accused came there. Petitioner no.1 asked the complainant as to why he was sitting there. Whereupon the complainant replied "who are you 2 cr-wp-2992-10 to ask me". Thereupon the petitioner no.1 and petitioner no.2 assaulted and slapped the complainant and petitioner no.1 took away Rs.950/- which was in the pocket of the complainant. Hence, FIR i.e. CR No. I- 194 of 2010 came to be filed at Bhayander Police Station. The said case is under Sections 394, 504 r.w. 34 of IPC. 3 The complainant who is present in person, states that the incident took place on account of some misunderstanding. He has further stated that both i.e. petitioner no.1 and accused are good friends. He has stated that the dispute has been amicably settled and he does not wish to continue with the prosecution, hence, the case may be quashed. 4 In a decision of the Supreme Court in case of Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, it is observed as follows: “We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the 3 cr-wp-2992-10 prosecution is a luxury which the Courts, grossly ovberburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law". 5 In a decision of the Supreme Court in the case of State of Karnataka Vs. L. Muniswamy and Ors. reported in 1977 Cr.L.J. 1125 the Supreme Court referred to Section 482 of the Cr.P.C. and observed that in exercise of the wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court further observed that this power is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. 6 Thus, in view of the above decisions and in view of amicable settlement between the parties, I am inclined to quash the proceedings. 4 cr-wp-2992-10 7 In the result, C.R. No. I-194 of Bhayander Police Station and proceedings relating thereto, is quashed. 8 Petition disposed of. [ SMT. V.K.TAHILRAMANI, J.]