1 cr-wp-534-10.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.W.P. NO. 534 OF 2010 Vishwanath Shama Shetty & Ors. ..Petitioners Vs. The Commissioner of Police Thane & Ors. ..Respondents .... Mr.Sudhir V.Sadavarte Adv. for petitioners Mr.S.A.Shaikh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 04, 2010 P.C.: 1 Heard the learned advocate for the petitioners and the learned APP for the State. 2 The petitioners-original accused are seeking quashing of CR No.I-3 of 2010 lodged against them by respondent no.5 at Navpada police station, Thane. The said case is registered at Naupada Police station and it is under Sections 324, 141, 143, 147, 149 and 341 and 506-II of IPC. 3 The learned advocate for the petitioners states that 2 cr-wp-534-10.doc the dispute has been amicably settled between the petitioners and the complainant and the complainant does not wish to proceed any further. An affidavit has been filed by the complainant -respondent no.5 in this Court wherein it is stated that the matter is amicably settled between him and the petitioners and he wishes to withdraw his complaint. Complainant has also informed Naupada Police Station, Thane that he does not wish to proceed with his complaint and he wishes to withdraw the case. Copy of the affidavit has also been given by him to the Navpada police station. The learned APP on instructions states that the complainant has informed the police station that he wishes to withdraw the complaint and he does not wish to proceed any further. He has also informed that copy of the affidavit has been given to the police. 4 In a decision of the Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, it 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 ovberburdened as they are, cannot afford and that the time so saved 3 cr-wp-534-10.doc 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". 5 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 that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. 6 Thus, in view of the above decisions and in view of amicable settlement between the parties, I am inclined to quash the FIR and the proceedings relating thereto. 7 C.R.No. I-3 of 2010 of Naupada Police Station Thane and the proceedings relating thereto, are quashed. 4 cr-wp-534-10.doc 9 Petition disposed of. [ SMT. V.K.TAHILRAMANI, J.]