1 appln 2878.2010.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION srk CRIMINAL APPLICATION NO. 2878 OF 2010 Rajendra Ranjit Jagdale and others ..Applicants. v/s. The State of Maharashtra & ors. ..Respondents. .... Mr. Nitesh Bhatekar i/b Subhash P. Hulyalkar for Applicants. Mrs. R.S.Dhinde, A.P.P. for Respondent no.1/State. Mr. Shashi Kumar Pandey i/b Mr. Devidas Gaikwad for Respondent no.2 and 3. .... CORAM : V.M.KANADE, J. DATE : 22ND JULY, 2010. P.C. 1 Heard learned counsel on behalf of the Petitioner and the learned counsel for the Respondent nos. 2 and 3. 2 This Application is filed by the Applicant under section 482 of the Criminal Procedure Code for quashing criminal complaint registered with Shirur police station vide Crime No. 346 of 2009 for 2 appln 2878.2010.doc the offences punishable under sections 143, 147, 148, 149, 326, 307, 324 of the Indian Penal Code read with section 37(1)(3) of the Bombay Police Act. It is submitted that parties have settled the dispute. It is submitted that there are two groups in the village and on account of differences of opinions between the two parties there was a sudden fight and therefore criminal case was filed by both the parties against each other. It is submitted that now the original complainant does not wish to pursue the said case. 3 The Respondent no.2 Kailash filed an affidavit in reply in which he has stated that the said affidavit is binding on the Respondent no.2 as well as Respondent no.3. He has stated that he has no objection if the said complaint is quashed. 4 The learned counsel for the Petitioner has invited my attention to number of judgments of the Apex Court and the High Court and in particular judgment of my brother B.R.Gavai, J. dated 10th March, 2010 passed in Criminal Application NO. 2172 of 2009, wherein a similar complaint for similar offences was registered against the applicants therein and with consent of parties the said complaint was quashed. Reliance was placed by the learned single Judge on the judgment of the Apex Court in the case of Madan Mohan Abbat vs. State of Punjab reported in (2008) 4 SCC 582. I am informed that 3 appln 2878.2010.doc during this fight there was no injury caused to any other person and there was no damage to the public property as a result of the said sudden fight between two groups. Taking into consideration, the judgment of the Apex Court in the case of Madan Mohan Abbat (supra) which has been followed by several learned single judges of this Court in similar cases, in my view, there is no impediment for quashing the said case under section 482 of the Criminal Procedure Code. In the result, Application is allowed in terms of prayer clause (a) and it is disposed of. [ V.M.KANADE, J. ]