5.cr appln 4378­09.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4378 OF 2009 Dr. Manish Kawde & Ano. .. Applicants Vs The State of Maharashtra & Ors .. Respondents Mr. Ashish Chavan i/b Mr. Amit Karkhanis for the Applicants Ms. Deepali Patil i/b Ms. Pooja Kaushik for Respondent no. 2 Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 1st SEPTEMBER, 2010. P.C.: 1 Heard learned advocate for the applicants, learned advocate for the respondent no. 2 and learned APP for the State. Respondent no. 2 - original complainant present in person. 2. Leave to amend. Amendment to be carried out forthwith. 3. The applicants who are doctors are praying for quashing of C.C. No. 1368/PS/2007 pending before the learned Magistrate, Borivali, Mumbai. The said case pertains to C.R. No. 239 of 2007 of Kurar Police Station, Mumbai and it is 1 5.cr appln 4378­09.doc under Sections 304(A) read with 34 of IPC. 4. The learned advocate for respondent no. 2 - original complainant has stated that the dispute with the applicants has been amicably settled and he has also withdrawn the Complaint bearing No. 690 of 2007 on 30th June, 2009 filed by him before the Consumer Forum at Bandra, Mumbai. In the said proceedings, they have filed Consent Terms. In view of all these facts, it is stated that the complainant does not wish to proceed with C.R.No. 239 of 2007 and the proceedings relating thereto. 5 In a decision of the Supreme Court in 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 ovberburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a 2 5.cr appln 4378­09.doc common sense approach to the matter based on ground of realities and bereft of the technicalities of the law". In the said case, application was filed for quashing of FIR under various sections including 406 of IPC and on account of compromise entered into between the complainant and the accused, the said case came to be quashed. 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 Thus, in view of the above decisions and in view of amicable settlement between the parties, I am inclined to quash the proceedings. 3 5.cr appln 4378­09.doc 8 In the result, C.R. No. 239 of 2007 of Kurar Police Station, Mumbai and the proceedings relating thereto i.e. C.C. No. 1368/PS/2007 pending before the learned Magistrate, Borivali, Mumbai is quashed. 9 Petition is disposed of. [SMT. V.K. TAHILRAMANI, J.] 4