1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3439 OF 2011 Mr.Dheeraj Wadhwan alias Mr.Baba Diwan & Ors. .. Petitioners V/s The State of Maharashtra & Ors. .. Respondents WITH CRIMINAL WRIT PETITION NO.3452 OF 2011 Mr.Imtiaz Ilias Shaikh .. Petitioner V/s The State of Maharashtra .. Respondents ...... Mr.Ashok Mundargi, Sr.Advocate with Mr.Sanjog Parab, Mr.Ajay Vazirani, Mr.Ranjit Shetty, Mr.Luckyraj Indorkar, Mr.Amit Kanani i/by M/s.Hariani & Co.for the petitioners in W.P.No.3439 of 2011. Mr.Mihir Gheewala i/by Sonal Doshi & Co. for the petitioner in W.P.No. 3452 of 2011. Ms.S.D.Shinde, APP for the State/ Respondent No.1. Mr.Prakash Naik with Mr.Jagdish Choudhary & Mr.Ranvir Shekhawat for Respondent No.2 in W.P.No.3439 of 2011. ...... CORAM: A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE: 25th November, 2011. P.C.: 1. Both these petitions are disposed of together by this common order. 2. In the respective petitions, the prayer is for quashing of FIRs. The 2 cross complaints were filed in connection with the incident which had occurred in the night between 08.09.2011 and 09.09.2011. 3. It is common ground that the petitioners in the first petition are friends. They had visited the restaurant-cum-bar, and while leaving the said place, some fight broke out between them due to some misunderstanding. When the security guard of the Hotel tried to intervene, he suffered injury. 4. The complainant in the criminal case registered as FIR bearing C.R.No.349 of 2011 dated 10.09.2011 was the injured security guard. It appears that a cross complaint came to be filed by the friend of the petitioners in the first petition. viz.Imtiyaz Ilias Shaikh being C.R.No. 362 of 2011 alleging some overt act by the security guard, which resulted in the incident. 5. In other words, the cross complaints are filed by the security guard of the hotel against the petitioners in W.P. No.3439 of 2011 and by the friend/ companion of the said petitioners against the same Security Guard/ complainant in C.R.No.349 of 2011. The complainant 3 in the second complaint has filed Writ Petition No.3452 of 2011 praying for quashing of FIR registered by him on the ground that the differences between the parties have been amicably settled, viz.the complainant in the first case and the accused persons named therein as well as the accused in the second case with the complainant in the second case. 6. Since both the FIRs arise from the same incident and the parties have amicably settled their differences, coupled with the fact that the incident happened on the spur of the moment in the hotel complex, we accede to the joint request made by the parties for quashing of the respective FIRs, in the interest of justice. 7. The learned APP has informed us, on instructions, that no other criminal case is registered against the accused persons i.e. petitioners in the Writ Petition No.3439/2011. 8. Accordingly, both the petitions are allowed and rule is made absolute. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)