vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.991 OF 2008 CRIMINAL APPLICATION NO.991 OF 2008 CRIMINAL APPLICATION NO.991 OF 2008 Shabir Basir Memon & Ors. ... Applicants V/s. The State of Maharashtra ... Respondent Mr.Shailesh Kantharia for Applicants Mr.Y.M. Nakhwa, APP, for State Mr.G.K. Jadhav for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 24, 2008 APRIL 24, 2008 APRIL 24, 2008 P.C.: P.C.: P.C.: . The applicants are the accused in C.R.No.108 of 2006 for offences punishable under section 326 r/w section 34 of the Indian Penal Code. Respondent No.2 is the complainant. An altercation arose between the applicants and the complainant when applicant No.1 allegedly assaulted the complainant with an iron rod on his hand. A complaint was lodged by the complainant with the Oshiwara Police station and the offence was registered against the applicants. A chargesheet was filed before the Metropolitan Magistrate, 22nd Court, Andheri in case No.1171/PW/2008. 2. The parties have now settled their dispute. The complainant, who is present in Court, has filed an affidavit in this Court stating that the dispute between himself and the applicants has been amicably settled and he has no animus against them. He has also averred that : 2 : both the applicants and he are residing in the same locality and the entire dispute had arisen due to a misunderstanding. He has also stated that he does not wish to proceed with his complaint and the case which is pending before the learned Metropolitan Magistrate. 3. An affidavit has been filed by the State mentioning that the offences against the applicants were registered under sections 326 r/w section 34 of the Indian Penal Code. The complainant had to be treated in Cooper hospital before he was discharged. 4. In the circumstances aforesaid, when the complainant has amicably settled the dispute, which is purely personal in nature, with the applicants, it would be futile to keep the trial pending. The case of the prosecution would not result in conviction since it is unlikely that the complainant would support the prosecution as he has no grievance against the applicants. In my opinion, therefore, it would be expedient and in the interests of justice to quash the proceedings pending before the Metropolitan Magistrate, 22nd Court, Andheri in C.C. No.1171/PW/2008. 5. Application is thus allowed. The proceedings pending before the Metropolitan Magistrate, 22nd Court, Andheri in C.C. No.1171/PW/2008 are quashed and set : 3 : aside.