IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO. 162 OF 2008. WRIT PETITION NO. 162 OF 2008. WRIT PETITION NO. 162 OF 2008. Dinyar Jal Jamshedji & Anr. ..Petitioners. versus The State of Maharashtra & Ors. ..Respondents. WITH CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1327 OF 2008. WRIT PETITION NO.1327 OF 2008. WRIT PETITION NO.1327 OF 2008. Ramchandra Shivaji Kadam. ..Petitioner. versus The State of Maharashtra & Ors. ..Respondents. .... Mr. A.M. Chimalkar, i/b. Raja Thakare, for the Petitioners in Cri.W.P.No.162 of 2008 and for the Respondent Nos. 2 and 3 in Cri.W.P.No.1327 of 2008. Mr. Vinod Chate, for Respondent No.3 and for the Petitioner in Cri.W.P.No.1327 of 2008. Mr. Y.S. Shinde, APP, for the Respondent -State of Maharashtra in both the petitions. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 11TH JULY,2008. : 11TH JULY,2008. : 11TH JULY,2008. P.C. 1. Heard the learned counsel appearing for the parties. These petitions can be conveniently disposed of by a common order. Writ petition no.162/2008 has been filed for quashing the criminal proceedings initiated on the basis of C.R. No.98/2006 lodged by the third respondent therein alleging commission of offences under sections 326, 506(ii), 341 r/w section 34 of the Indian Penal Code and sections 3 and 25 of the Arms Act against the petitioners. 2. Writ petition no.1327/2008 is filed by the third respondent in writ petition no.162/2008 praying for quashing the criminal proceedings initiated on the basis of F.I.R.No.97/2006 lodged by the petitioners in writ petition no.162/2008 alleging commission of offences under sections 324, 506(ii) r/w section 34 of the Indian Penal Code. Thus, the prayers in these petitions are for quashing the criminal proceedings in cross cases registered by the parties. 3. In both the petitions, it is asserted that there was a settlement of all the outstanding disputes between the parties and the settlement has been reduced into writing in the form of a memorandum of understanding dated 24th August 2006. It is stated that in both cases the investigating officer was informed about the settlement between the parties. A copy of the said memorandum of understanding has been annexed to both the petitions. Clause 4 of the said memorandum reads thus :- . (4) The parties do hereby also agree that in view of this settlement arrived at under this Memorandum of Undertaking the Parties shall not press charges against each other in respect of cases arising out of C.R.No.97/2006 and 98/2006 registered with the N.M. Joshi Marg Police Station and/or shall not proceed and/or initiate any action or proceeding against each other in any Court of Law or any Statutory Authority in respect of this subject matter, and endeavour to get the said proceedings quashed. Parties agree that Mr. Sumit S. Marolkar & Mr.Ashdeen D. Jamshedji were not there during the above incident." 4. It is stated that the settlement incorporated in the memorandum of understanding has been implemented. The petitioners in writ petition no.162/2008 and respondent no.3 therein have no objection if both the criminal proceedings are quashed. Considering the overall settlement between the parties, continuation of the criminal proceedings will cause undue harassment to both the parties. Now, no purpose will be served by continuing the prosecutions. Hence, a case is made out in both the petitions for exercising the power of this Court under section 482 of the Code of Criminal Procedure, 1973. 5. Hence, I pass the following order :- . (1) Rule in criminal writ petition no.162/2008 is made absolute in terms of prayer clause (A). . (2) Rule in criminal writ petition no.1327/2008 is made absolute in terms of prayer clause (b). . (3) It is obvious that the bail bonds submitted by the parties to the petition will stand cancelled. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]