bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 577 OF 2008 APPLICATION NO. 577 OF 2008 APPLICATION NO. 577 OF 2008 Nitin Deshpande ... Applicant v/s State of Maharashtra & ors. ... Respondents Ms.S.B.Telgote for the applicant. Mr.D.P.Adsule, A.P.P. for the respondent No.1 State. Mr.Chetan Akerkar for respondent Nos.2 to 6. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 5TH MAY, 2008 5TH MAY, 2008 5TH MAY, 2008 P.C. P.C. P.C.: 1. The applicant was working as a Personnel Manager of the Skypack Services Specialists Ltd. It appears that on 9.6.2000, respondent Nos.2 to 6 and other workers organized a gate meeting at the factory premises since the Company had failed to concede to the demands of the workers. The applicant filed an F.I.R. against respondent Nos.2 to 6 with the M.I.D.C. Police Station being F.I.R. No.162 of 2000. Respondents were charged under Sections 143, 147, 148, 149, 323, 341, 342, 504 and 506 of the Indian Penal Code. The proceedings are pending before the 22nd Metropolitan Magistrate’s Court, Andheri, Mumbai, being Criminal Proceeding 2 No.774/PW/2005. It appears that the applicant is no more in service with the aforesaid Company. Today respondent Nos.5 and 6 are working in the establishment while respondent Nos.2, 3 and 4 have been terminated from service. All other workmen have either been taken back in service by Skypack Services Specialists Ltd. or have left the services voluntarily or their services have been terminated by the Company. 2. Today, the situation in the factory is not volatile as it was on 9.6.2000. The applicant has no grievance against respondent Nos.2 to 6. In this situation, it would be futile to continue with the proceeding. The learned A.P.P. states that there is no violent situation prevailing today which would necessitate the continuance of this proceeding. In fact, continuation of the proceedings when the workmen and the employer are no longer at loggerheads could lead to exacerbation of old wounds, which would not be in the interests of industrial peace. 3. In view of the judgment of the Supreme Court in the case of Madan Mohan Abbot v/s State of Punjab, (Criminal Madan Mohan Abbot v/s State of Punjab, (Criminal Madan Mohan Abbot v/s State of Punjab, (Criminal Appeal Appeal Appeal No.555 of 2008) decided on 26.3.2008, No.555 of 2008) decided on 26.3.2008, No.555 of 2008) decided on 26.3.2008, the Criminal Case No.774/PW/2005 is quashed. 3 4. Criminal application disposed of accordingly.