4. cr appln 4058-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4058 OF 2010 Alok Boradia & Ors .. Applicants Vs The State of Maharashtra & Anr. .. Respondents Mr. Niranjan Mundargi for the Applicants Ms. M.M. Deshmukh, APP for the State Mr. Yogesh Israni for Respondent NO. 2 CORAM : SMT. V.K. TAHILRAMANI, J DATE : 14th SEPTEMBER,2010. P.C.: 1 Heard learned counsel for the applicants, learned counsel for respondent no. 2 and learned APP for the State. Respondent no. 2 original complainant is present in person. 2. This petition is filed for quashing the FIR lodged by respondent no. 2 against petitioners being C.R. No. 21 of 2008 of Bandra Police Station. It is for the offence punishable under sections 143,146,323, 504, 506 of IPC. The case is now pending before the Addl. Chief Metropolitan Magistrate, 21st Court, Bandra and is numbered as C.C. NO. 440/PS/2008. 1 4. cr appln 4058-10.doc 3. The learned advocate for the respondent no.2 states that the matter has been amicably settled between the parties, hence the FIR and proceedings relating thereto be quashed. Respondent No.2 who is present in the Court stated that the dispute has been amicably settled between the parties and the case be quashed. Respondent no. 2 - original complainant stated that a cross FIR came to be lodged against him being C.R. No. 22/08 wherein he is an accused along with some other persons and the complainant therein is present applicant no. 3. He has stated that it is agreed between the parties that each of them would not continue the prosecution in their respective complaints. He has also filed his affidavit, stating therein that he has no objection if the complaint is quashed. 4. The learned counsel appearing on behalf of the applicant invited my attention to the order dated 16th January, 2007 passed by this Court [Coram : Justice A.S. Oka] in Criminal Application No. 3637 of 2006 in case of Ram Kashiram Salvi & Ors Vs The State of Maharashtra & Ors. wherein this Court after recording the consent given by the complainant was pleased to quash and set aside the complaint. 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 4. cr appln 4058-10.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 4. cr appln 4058-10.doc that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. 7. The ratio of above judgments squarely applies to the present case. In view of the above judgments, in my opinion, there is no reason as to why the criminal complaint filed by respondent no. 2-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. 21 of 2008 of Bandra Police Station, Mumbai and the proceedings relating thereto i.e. C.C. No. 440/PS/2008 pending before the Addl.Chief Metropolitan Magistrate, 21st Court, Bandra, Mumbai is quashed. 9 Application is disposed of. [SMT. V.K. TAHILRAMANI, J.] 4 4. cr appln 4058-10.doc 5