1 Cri.Appln. No.823 of 2011 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 823 OF 2011 Shri. Dayanand Kamble and Ors. ... Applicants Versus State of Maharashtra and Anr. ... Respondents Mr. S.V. Marwadi, Advocate for the applicants. Mr. R.A. Shaikh, A.P.P. for State. Mr. Prakash Naik, Advocate for Respondent no. 2. CORAM : K.U. CHANDIWAL,J. DATED : AUGUST 17, 2011 P.C. Heard. 2. Issue notice to respondents. 3. The learned A.P.P. waives service. The counsel for respondent no. 2 accepts service. Affidavit of Respondent no. 2 Naresh Mahida is filed. The applicants are original accused in C.C. No.673/PS/2011 pending before the Additional Metropolitan Magistrate, 2nd Court, Mazgaon arising out of C.R. No. 170 of 2011 for the offences 2 Cri.Appln. No.823 of 2011 punishable under section 336, 427 read with 34 of I.P.C. It is informed and not disputed that the wall during the construction activities carried by the applicants herein was collapsed. The compound wall formed fourth wall of hutment and consequently offence as stated was registered on 12.5.2011. The record illustrates that nobody suffered in the said mishap. However, it is also to be noted that the wall was 100 years old and there was no intention or deliberate attempt on the part of the applicants while carrying out the said activities. 4. Considering the controversy being settled including payment of compensation and the damage caused to the articles belonging to respondent no. 2 and in the light of affidavit of respondent no. 2, proceedings referred to above vide C.R. No. 70 of 2011 registered with Dongri Police Station dated 12.5.2011 are quashed. Original complainant (Respondent no. 2) is present in the court identified by the learned counsel. (K.U. CHANDIWAL,J.)