-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.6077 OF 2005 IN CRIMINAL APPLICATION NO.2171 OF 1994 Shri.Joseph L.Miranda ..Applicant Vs. Shri.Arun Arora & Anr. ..Respondents ... Dimple Shah i/b Mrs.Sarita Mishra Advocate for Applicant Mr.Mahesh Sabnis for Respondent Nos.1 and 2 Mr.Rajesh More A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPT. 26,2005 DATE : SEPT. 26,2005 DATE : SEPT. 26,2005 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant i.e. original complainant, learned advocate for respondent nos.1 and 2 i.e. original accused and the learned A.P.P. for the State. 2. The complainant has preferred the present application stating therein that the dispute has been amicably settled between him and the accused -2- persons and he does not wish to pursue his complaint. The said complaint is bearing No.102/S/1994 which is pending before the learned Addl.Chief Metropolitan Magistrate, 4th Court, Girgaum, Mumbai. The said case is under Sections 323, 352, 506 r.w. 34 and 114 of IPC. 3. The learned counsel for the applicant submits that in view of the settlement, the case ought to be quashed. Reliance is placed on various decisions of the Supreme Court and this Court wherein when the parties have amicably settled the dispute, the proceedings in those cases have been quashed. Reliance is placed on the following decisions: 1) B.S.Joshi Vs. State of Haryana, B.S.Joshi Vs. State of Haryana, B.S.Joshi Vs. State of Haryana, AIR 2003 SC 1386; AIR 2003 SC 1386; AIR 2003 SC 1386; 2) Fahimuddin Vs. State of U.P. Fahimuddin Vs. State of U.P. Fahimuddin Vs. State of U.P. AIR 1981 SC 2008(3); AIR 1981 SC 2008(3); AIR 1981 SC 2008(3); 3) Judgment of the Judgment of the Judgment of the Division Bench of this Court Division Bench of this Court Division Bench of this Court in Cri.W.P.No.1672 of 2002 dated 20.12.2002 in Cri.W.P.No.1672 of 2002 dated 20.12.2002 in Cri.W.P.No.1672 of 2002 dated 20.12.2002 [Alan Douglas Grant Vs. State of Mah.] [Alan Douglas Grant Vs. State of Mah.] [Alan Douglas Grant Vs. State of Mah.] 4) Order dated 27.3.2001 passed by His Lordship Order dated 27.3.2001 passed by His Lordship Order dated 27.3.2001 passed by His Lordship -3- Mr.Justice S.S.Parkar in Cri.W.P.No.366 of Mr.Justice S.S.Parkar in Cri.W.P.No.366 of Mr.Justice S.S.Parkar in Cri.W.P.No.366 of 2001. 2001. 2001. 4. Looking to the fact that the matter has been amicably settled between the parties and looking to the fact that complainant does not wish to pursue his complaint, I am of the opinion that no purpose would be achieved by continuing with the prosecution in the said case. In this view of the matter, proceedings i.e. complaint bearing No.102/S/1994 pending before the learned Addl.Chief Metropolitan Magistrate, 4th Court, Girgaum, Mumbai are quashed. 5. Application is disposed of. [V.K.TAHILRAMANI,J.]