1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4658 OF 2009 Gurunath Atmaram Patil & Anr. ..Applicants versus Laxman Somaji Ingle & Anr. ..Respondents Mr. Indrajeet Joshi for Applicants. Ms. Sandhya A. Mailagir for Respondent No. 1. Ms. M. H. Mhatre – APP for State. CORAM : S. A. BOBDE, J. DATED : 16TH OCTOBER, 2009. P.C. : 1. The applicants have filed this application for quashing the FIR and prosecution initiated by the respondent – complainant under Sections 142, 143, 146, 147, 149 of the Indian Penal Code on the ground that the dispute between the parties is settled. 2. The learned counsel for the applicants points out that no role was attributed to the applicants in the FIR but they have been arrested and are in custody. The learned counsel further points out that even before the arrest the complainant had sworn an affidavit dated 18th June 2009 stating that the applicants had not participated in the commission of the alleged offence and they had no role to play in the said alleged commission. The respondent - 2 complainant has appeared in person and stated before this court that he has sworn this affidavit on his own free will and supports the affidavit. The learned counsel for the respondent – complainant thus supports the prayer of the applicants for quashing the prosecution. 3. The dispute between the applicants and the respondent -complainant appears to be non-existent and the prosecution is totally misconceived. I am of view therefore that the prosecution needs to be quashed. 4. Having regard to the dispute, which is personal in nature in which the public at large is not involved and having regard to the law laid down in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to allow this Application in terms of prayer clause (c), which reads as follows: “ That this Hon’ble Court be pleased to quash and set aside the F.I.R. Against the present Applicants being C.R. No. I-171 of 2009 registered with Mumbra Police Station, Thane for offence punishable u/s. 142, 143, 146, 147, 149 of I.P.C. u/s. 3(1)(x), 6 of the Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Act and u/s. 7(1)(d) of the Protection of Civil Rights Act;” 5. Order accordingly. 6. The Jail Authorities are directed to release the applicants forthwith. (S. A. BOBDE, J.)