1 ( APL 659 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.659 OF 2011 Ms.Maya Trivedi ...Applicant Vs. State of Maharashtra and Anr. ...Respondents --- Mr.Faisal Sayyed i/b. M/s. Manilal Kher Ambalal & Co. for Applicant Mr.V.M. Nakhwa -APP for State. Mr.Ganpat N. Monde for Respondent No.2 --- CORAM: B.R. GAVAI J. DATED: 21st July, 2011 P.C. 1. Rule. Rule is made returnable after six weeks. 2. Heard by consent of parties. 3. By a present petition, the Petitioner is praying for quashing and setting aside the proceedings in Complaint No. 20/P/2003 pending before the Learned Additional Chief Metropolitan Magistrate in Court No. 32 at Bandra, Mumbai. The complaint has been filed at the instance of Respondent No.2 alleging that when the Complainant was going to the Bandra Court, a Maruti 800 Car No.MH- 01-B-6351 dashed one auto-rickshaw bearing No. MH- 03-R-4594, due to which, the First Informant as well as his mother and owner of the auto-rickshaw succumbed 2 ( APL 659 of 2011) injuries. 4. The matter has been amicably settled between the parties. In the investigation, it was found that the said car was driven by the Applicant and as such, she was charged for the offence punishable under section 279 and 338 of the Indian Penal Code. 5. An affidavit has been filed by the Respondent no.2, in which it is stated that the matter has been amicably settled between the parties before the Sole Conciliator. It has also stated that the he has no grievance as against the present Applicant. The Complainant is present in the Court and reiterates the same. 6. In view of the law laid down by the Apex Court in the case of Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582, I find that no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. In that view of the matter, I find that in the interests of justice the criminal proceedings are required to be quashed. 7. Hence, Writ Petition is allowed in terms of prayer clause (a) and is, accordingly, disposed of. (B.R.GAVAI J.)