[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.2255 OF 2008 Deepak Pandurang Magar and Ors. ..Petitioners Vs. Sandeep Sitaram Sule & Anr. ..Respondents ... Mr.S.V.Marwadi advocate for Petitioners Mr.Vineet Jain Adv. for Respondent no.1 Mr.V.B.Konde-Deshmukh A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 23, 2008 DATE : OCTOBER 23, 2008 DATE : OCTOBER 23, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioners-original accused, the learned advocate for the respondent no.1 -original complainant and the learned A.P.P. for the State. The complainant who is the injured witness and Investigating Officer are present in Court. 2. The petitioners are seeking quashing of CR No.330 of 2008 of Dindoshi Police station, Mumbai. The said case under Sections 324, 326, 506-II r.w. 34 of IPC. The learned advocate for the [-2-] 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, she has prayed that the said case be quashed. Affidavit to that effect is also tendered by the complainant and injured witness who is present in Court, which is taken on record and marked ‘X’ for identification. Reliance was placed on the decision of the Supreme Court in the case of Mahesh Chand and another Vs. State of Mahesh Chand and another Vs. State of Mahesh Chand and another Vs. State of Rajasthan; Rajasthan; 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 Y.Suresh Babu Vs. State of Andhra Y.Suresh Babu Vs. State of Andhra Pradesh Pradesh 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. 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, [-3-] in my opinion, in order to maintain peace and harmony between the parties and in the interest of justice, the said CR deserves to be quashed. Accordingly, CR No.330 of 2008 of Dindoshi Police Station Mumbai and proceedings relating thereto, are quashed. 4. Petition is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]