1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.222 OF 2010 Jagat Madanlal Shah & Ors. : Petitioners (Orig. Accused) V/s. The State of Maharashtra & Anr. : Respondents .... Mr.Niranjan Mundargi i/b. Mr.S.Mehta for the petitioners. Mr.D.R.More, Addl. Public Prosecutor for respondent no.1. Mr.Pradeep Tiwari for respondent no.2. .... CORAM : B.R. GAVAI, J. DATE : APRIL 06, 2010. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. By way of the present petition, the petitioners are praying for quashing the proceedings in C.C.No.1136/P/2001 arising out of C.R.No. 122/2001 registered with Dindoshi police station. The aforesaid F.I.R. came to be filed alleging therein that the petitioners-accused have trespassed on the plot of the respondent no.2. It appears that with respect 2 to the plot in question, a civil suit was also pending between the respondent no.2 and the present applicant. The said civil dispute has been amicably settled between the parties and a Consent Terms has been passed on 12.11.2002. 3. An affidavit is filed on behalf of the respondent no.2 stating therein that the matter has been amicably settled between the parties and that the respondent no.2 does not wish to prosecute the criminal case. The apex Court in the case of Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] has held as under:- “6. We need to emphasise 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 overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter 3 based on ground of realities and bereft of the technicalities of the law”. 4. It appears that the present proceedings arose out of a civil dispute between the parties. The parties have amicably settled their disputes. There is no element of public nature involved in the matter and the dispute is purely of private nature. I, therefore, find that this is a fit case where under section 482 of the Cr.P.C., this Court should give an end to the litigation. 5. Accordingly, the rule is made absolute in terms of prayer clause (a). B. R. GAVAI, J.