23. cr appln 3886-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3886 OF 2010 Akeel Mohammed Yusuf Bepari .. Applicant Vs The State of Maharashtra & Anr .. Respondents Mr. Iqbal Y. Solkar for the Applicant Mr. Tahere Qureshi for Respondent No. 2 Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 27th OCTOBER, 2010. P.C.: 1. Leave to amend. Amendment to be carried out forthwith. 2. Heard learned counsel for the applicant-original accused, learned counsel for respondent no. 2 and learned APP for the State. Respondent no. 2 original complainant is present in person. 3. This petition is filed for quashing the FIR lodged by respondent no. 2 against applicant being FIR No. 79 of 2010 of J.J. Marg Police Station. It is for the offence punishable under section 324 of IPC. It pertains to C.C.NO. 621/PW/2010 1 23. cr appln 3886-10.doc and it is now pending before the learned Magistrate, 15th Court, Mazgaon, Mumbai. 4. Learned advocate for respondent no. 2 states the parties have amicably settled the dispute, hence the the FIR and the proceedings relating thereto be quashed. Respondent No.2 who is present in the Court also states that the dispute has been amicably settled between the parties, hence the FIR and the proceedings relating thereto be quashed. He has also filed his affidavit, stating therein that he has no objection if the complaint is quashed. The affidavit is taken on record and marked 'X' for identification. 5. 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 over burdened as they are, cannot afford and that the time so saved can be utilized in deciding more 2 23. cr appln 3886-10.doc 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". 6 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. 7. The ratio of above decisions squarely applies to the present case. In view of the above judgments, in my opinion, there is no reason as to why the criminal complaint filed by respondent no. 2 should not be quashed. Thus, in view of above decisions and in view of the amicable settlement between the parties, I am inclined to quash the FIR and proceedings relating thereto. 3 23. cr appln 3886-10.doc 8. In the result, FIR No. 79 of 2010 of J.J. Marg Police Station and the proceedings relating thereto i.e C.C.NO. 621/PW/2010 pending before the learned Magistrate, 15th Court, Mazgaon, Mumbai are quashed. 9. Application disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 4