1 APL 359.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 359 OF 2011 Omprakash @ Pappu Badriprasad Verma & Ors. ... Applicants. V/s. The State of Maharashtra & Ors. ... Respondents. Mr. Rishi Bhuta for the Applicants. Mr. A.S. Shitole, APP for the State. Mr. Sanghamitra K. Nanaware for Respondent No.3. CORAM : K.U. CHANDIWAL, J. DATED : 17th OCTOBER 2011. P.C. :- Heard. 2. The Applicants are inter-se brother of the Complainant Surendra @ Tinu Badriprasad Verma (Respondent No.3). The Respondent No.3 has prosecuted the Applicants on 17th April 2006 on the ground of assault giving rise to Case No. 2266/PW/2008. 3. Respondent No.3 present has filed power. Affidavit of Respondent No.3 is taken on record. Respondent No.3 and the Applicants present. 4. Though, the prosecution is for an offence punishable under Section 326 r/w. 34 of I.P.C., reading the complaint, it is 2 APL 359.11.sxw obvious it is not so. It could at the best be an offence punishable under Section 323 of I.P.C. Leaving that issue apart, since the parties are inter-se closed relations/brothers, agreed to reside peacefully and dissolve the controversies and no public issue is involved, if the matter is allowed to be settled between the litigants, matter calls for quashing of proceedings. 5. In terms of Section 482 of Cr.P.C., the proceedings initiated by Respondent No.3 Surendra @ Tinu Verma referred to above is quashed and set aside. The bail bond, if any, of the Petitioners, are terminated. (K.U. CHANDIWAL,J.)