[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.2376 OF 2008 Abhishek Satish Ohri ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents ... Mr.Mahesh Jethmalani senior counsel along with Mr.Sailesh Mendon and Sayeed Mulani i/b Mulani and Co. for Petitioner Mr.Madhukar P.Dalvi advocate for Respondent no.2 Ms.A.A.Mane A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 8, 2008 DATE : DECEMBER 8, 2008 DATE : DECEMBER 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner-original accused, the learned advocate for the injured witness and the learned A.P.P. for the State. 2. The petitioner is seeking quashing of Case No. 483/PS/2008 which is pending before the learned Metropolitan Magistrate, 22nd Court, Andheri, Mumbai. The said case pertains to CR No.44 of 2008 of Juhu Police Station, Mumbai. The said case is under Sections 279 and 338 of IPC and under Section 134(a)(b) of the Motor Vehicles Act. [-2-] 3. The case of the injured is that in the accident caused by the present petitioner, he sustained injuries. The learned advocate for the respondent-injured witness states that he was treated for his injury at Nanavati Hospital, Vile Parle and all the expenses for his treatment were borne by the petitioner. It is stated that matter has been amicably settled between the parties and he does not wish to prosecute the petitioner any further. The affidavit of the injured to that effect has been tendered which is taken on record and marked ‘X’ for identification. In view of the fact that sole injured witness does not wish to pursue the matter and that today matter has been amicably settled between the parties and in view of the decision of the Supreme Court in the case of B.S.Joshi and another Vs. State of Haryana and B.S.Joshi and another Vs. State of Haryana and B.S.Joshi and another Vs. State of Haryana and another reported in Judgment Today 2003(3) S.C. another reported in Judgment Today 2003(3) S.C. another reported in Judgment Today 2003(3) S.C. 277, 277, 277, the proceedings pertaining to C.C.No. 483/PS/2008 pending before the learned Metropolitan Magistrate, 22nd Court, Andheri, Mumbai, are quashed and set aside. 4. Petition is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]