15. cr appln 4194-09.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4194 OF 2009 Ganesh Raut & Anr .. Applicants Vs The State of Maharashtra & Ors .. Respondents Mr. H. Rahman i/b M/s. D.H. Law Associates for the Applicants Mr. S. Shamin for Respondent No. 3 Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 18th OCTOBER, 2010. P.C.: 1. Heard learned counsel for the applicants-original accused, learned counsel for respondent no. 3-original complainant and learned APP for the State. 2. The applicants have preferred this application for quashing of C.R. No. 227 of 2009 of Andheri Police Station which was lodged against them by respondent no. 3 . The said case is under Sections 341, 392, 397 read with 34 IPC. It pertains to C.C. No. 2820/PW/2009 and it is now pending before the Metropolitan magistrate's Court, Railway Mobile Court at Andheri. 1 15. cr appln 4194-09.doc 3. The case of the complainant is that on 1st June 2009 when the complainant was driving his Maruti Car, the driver of the Swift car behind his car was blowing horn again and again to give side. Due to traffic, the complainant could not give side. Thereafter, the said Swift car overtook the car of the complainant. The driver from the Swift car got down and gave the complainant a fist blow. Besides the driver, there were two other persons in the car. The driver and one person assaulted the complainant on his arm and backside. Then the driver of the Swift car took a pen and cash which was in the pocket of the complainant and they drove away. The complainant has taken down number of that Swift car. Then, the FIR came to be lodged in Andheri Police Station. 4. The learned advocate for the respondent-original complainant states that the matter has been amicably settled between the applicants and respondent no. 3. He further submitted that it is a case of roadrage and the incident occurred at the spur of moment on account of roadrage, hence the FIR and proceedings relating thereto be quashed 5. In a decision of the Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, it 2 15. cr appln 4194-09.doc 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". 6 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 3 15. cr appln 4194-09.doc that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. 7. The ratio of above decisions 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 respondent no. 3-original complainant 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. Hence, Criminal Application is allowed. 8. In the result, C.R. No. 227 of 2009 of Andheri Police Station, Mumbai and the proceedings relating thereto i.e. CC No. 2820/PW/2009 pending before the Metropolitan Magistrate's Court, Railway Mobile Court, Andheri is quashed. 9 Application is disposed of. [SMT. V.K. TAHILRAMANI, J.] 4 15. cr appln 4194-09.doc 5