:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2425 OF 2008 1. Abubaker Haji Mohd. Hanif Nagori and ors. ..Petitioners Vs. 1. Dhanji Vishram Gandhi Patel and anr. ..Respondents Mr. S.V. Marwadi for petitioners. Mr. Ganesh Bhujbal for respondent no.1. Mr. A.S. Shitole, APP for State. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. Date : November 19, 2008. Date : November 19, 2008. Date : November 19, 2008. P.C.: P.C.: P.C.: 1. Heard the learned advocate for the petitioners - original accused nos.1, 4, 2 and 3, the learned advocate for the respondent no.1 - original complainant and the learned APP for the State. The complainant who is also the injured witness and Investigating Officer are present in Court. 2. The petitioners are seeking quashing of C.R. No.437 of 2008 of Goregaon Police Station, Mumbai. :2: The said case is under Sections 326 and 324 read with Section 34 of IPC. The said C.R. pertains to Case No. 1908/PW/08. It is pending before the Addl. Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai. 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, he has prayed that the said case be quashed. Affidavit to that effect has been filed. Reliance was placed on the decision of the Supreme Court in the case of Mahesh Chand and another Vs. State of Rajasthan; reported in AIR 1988 SC 2111 AIR 1988 SC 2111 AIR 1988 SC 2111. In the said case, offence was under Section 307 of IPC. 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. State of Andhra Pradesh; reported in JT 1987 (2) 361 SC JT 1987 (2) 361 SC JT 1987 (2) 361 SC, wherein the Supreme Court granted leave to compound the offence under section 326 of IPC on account of compromise between the parties. :3: 3. In view of the fact that the dispute has been amicably settled between the parties and that the complainant does not wish to prosecute the accused, in my opinion, in order to maintain peace and harmony between the parties and in the interest of justice, the said case deserves to be quashed. Accordingly, Case No. 1908/PW/08 pending on the file of the learned Addl. Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai arising out of C.R.No.437/08 of Goregaon Police Station, Mumbai and proceedings relating thereto are quashed. 4. Writ Petition is disposed of accordingly. (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.)