2. cr appln 3842-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3842 OF 2010 Hemant Sagarmal Jain .. Applicant Vs The State of Maharashtra & Ors .. Respondents Mr. H.E. Palwe for the Applicant Mr. Rakesh K. Singh for Respondent No. 2 Mr. V.B. Konde-Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 27th SEPTEMBER,2010. P.C.: 1 Heard learned counsel for the applicant-original complainant, learned counsel for respondent no. 2-original accused and learned APP for the State. The Applicant -original complainant is present in person. 2. This petition is filed for quashing the FIR i.e CR No. I-546/09 of Mira Road Police Station, Thane lodged by Applicant-original complainant against respondent no. 2- original accused. The F.I.R. Relates to offences punishable under sections 143, 147, 145, 323, 504, 506 and 427 of IPC. 3. The learned advocate for applicant states that the 1 2. cr appln 3842-10.doc matter has been amicably settled between the applicant and respondent no. 2, hence the FIR and proceedings relating thereto be quashed. The applicant who is present in the Court also states that the dispute has been amicably settled between the parties and the case be quashed. 4. In a decision of the Supreme Court in the 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 prosecution is a luxury which the Courts, grossly over burdened 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 2 2. cr appln 3842-10.doc 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. The ratio of above judgments squarely applies to the present case. In view of the above decisions, in my opinion, there is no reason as to why the criminal complaint filed by the applicant should not be quashed. Thus, in view of above decisions and in view of the amicable settlement between the parties, I am inclined to quash the FIR and proceedings relating thereto. 7. In the result, Criminal Case No. I-546 of 2009 of Mira Road Police Station, Thane and the proceedings relating thereto are quashed. 8. Application is disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 3 2. cr appln 3842-10.doc 4