1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2721 OF 2009 Hemant Shankarrao Nimhan & Anr. .. Applicants Versus Tushar Tanaji Nimhan & Anr. .. Respondents AND CRIMINAL APPLICATION NO.2722 OF 2009 Tanaji Ramchandra Nimhan & Anr. .. Applicants Versus The State of Maharashtra .. Respondents Mr.Niranjan Mundargi for the applicants Mr.H.J.Dedhia, A.P.P for the State. CORAM : A.S.OKA, J. DATE : 25 th June 2009. P.C.: . Rule. In Criminal Application No.2721 of 2009, Mr.V.V.Purvant waives service for respondent no.1 and the learned A.P.P waives service for the State. In Criminal Application No.2722 of 2009 Mr.Niranjan Mundargi waives service for respondent no.2 and learned A.P.P waives service for respondent no.1. Taken up for final disposal. 2. These applications have been filed invoking 2 section 482 of the Code of Criminal Procedure, 1973 for quashing the criminal proceedings. Criminal Application No.2722 of 2009 has been filed by the applicants praying for quashing the F.I.R registered at the instance of the 2 nd respondent. The said F.I.R has been lodged on 24 th April 2009 alleging commission of offence under sections 323, 325, 394, 506 read with section 34 of the Indian Penal Code. The Criminal Application No.2721 of 2009 has been filed for quashing the F.I.R registered on 25 th April 2009 at the instance of respondent no.1 in the said application alleging commission of offence under section 325, 323, 394, 506 read with section 34 of the Indian Penal Code. It must be stated here that the 1 st respondent in Criminal Application No.2721 of 2009 is the 2 nd applicant in Criminal Application No. 2722 of 2009. 3. Perusal of the First Information Reports subject matter of these two applications show that the same relate to incidents which have taken place on the same date i.e 23 rd April 2009. The perusal of the F.I.R which is subject matter of Criminal Application No.2721 of 2009 relates to incident which has taken place at 12 noon of 23 rd April 2009. The other F.I.R subject matter of the other application also relates 3 to an incident which has allegedly taken place at the same time, on the same date and at the same place. In short, the F.I.Rs filed by the rival parties give different picture of the same incident. It appears from the averments made in the applications as well as the material on record that parties are very well known to each other and incident occurred on the day of elections when one of the parties was coming back after casting his vote. Perusal of the F.I.Rs show that the parties have exaggerated the version of what happened on that day. Now it is stated in both the applications that elders in the family have patched up the differences between all the parties concerned and therefore these applications have been filed for quashing. Looking to the allegations made in the F.I.Rs which are in the nature of cross-complaints and looking to the averments made by the parties regarding mutual settlement, a case is made out for exercising power under section 482 of the Code of Criminal Procedure, 1973. In both the applications the first informants have filed affidavits accepting that there has been a complete settlement between the parties. 4. Considering the nature of the incident and facts peculiar to these two cases, a case is made out for 4 quashing the proceedings. 5. Hence, I pass the following order: : O R D E R : (a) Rule is made absolute in terms of prayer clause (a) in Criminal Application No.2721 of 2009. (b) Rule is made absolute in terms of prayer clause (a) in Criminal Application No.2722 of 2009. (c) All concerned and police officers to act upon authenticated copy of this order. (A.S.OKA,J)