1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI. APPLICATION NO.4498 OF 2008 (RAMESH ISHWARDAS BAMBLANI VS. STATE OF MAH. THR. PSO LAKADGANJ) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri G.R.Bamblani, Advocate for applicant. Shri O.D. Kakde, A.P.P. for Respondent. CORAM : R.C.CHAVAN, J. DATED : APRIL 01, 2009. 1. This is an application under Section 482 of the Code of Criminal Procedure for quashing proceedings in Criminal Case No.209 of 1984 pending before learned Judicial Magistrate First Class, 3rd Court, Nagpur. The applicant is accused in that case. 2. On 18th March, 2009 this Court had directed that the matter would be taken up for final disposal at the end of admission board and had directed issuance of notice to the respondent to that effect. This notice has been duly served upon respondent No.2/ original complainant, on whose 2 complaint the proceedings begin. In paragraph 11 of the application, it has been specifically averred that on 10th April, 2007 both, present applicant-accused and the complainant i.e. Non-applicant No.2 Chandrabhan, had filed an application under Section 320 of the Code of Criminal Procedure for compounding the offence. A copy of this application is annexed at page 32 of the instant application. Absence of Non-applicant No.2 before this Court, in spite of his having been made aware of the fact that the parties had sought to settle the matter before the trial Court by filing an application for compounding, indicates that he did agree to composition of the offence and therefore, does not appear in this Court to contest the proceedings. 3. Though the offence punishable under Section 452 of the Code of Criminal Procedure is not compoundable, given the fact that the both the parties have settled their disputes and also the fact that the matter is 25 years old, no useful purpose would be served by continuing with the proceedings. 3 4. Hence, the application is allowed. Proceedings bearing Criminal Case No.209 of 1984 are quashed and set aside. JUDGE RR.