1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3595 OF 2009 Abdul Alim Abdul Aziz & Ors. ..Applicants versus The State of Maharashtra & Anr. ..Respondents Mr. Prakash Naik for Applicants. Ms. A. T. Jhaveri – APP for State. Mr. C. K. Pendse for Respondent No. 2. CORAM : S. A. BOBDE, J. DATED : 12TH AUGUST, 2009. P.C. : 1. The parties have moved this application for quashing of criminal proceedings arising out of C.R. No. 91 of 2008 registered with Nagpada Police Station pending in the Court of the Learned Metropolitan Magistrate, 25th Court, Mazgaon, Mumbai vide C.C. No. 72/PW/2008 in respect of offence under Section 326 read with Section 34 of the Indian Penal Code. 2. The learned counsel for the applicants submits that the matter has been settled between the applicants and the complainant and that the complainant has therefore decided not to pursue the criminal prosecution 2 against the applicants. The complainant has also filed an affidavit in support of the application and has stated that he has no objection for quashing of the proceedings arising out of the incident. 3. The parties are present in court and have stated in court that the settlement is of their own free will and without any pressure. Having regard to the dispute, which is personal in nature in which the public at large is not involved and having regard to the law laid down in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to allow this Application in terms of prayer clause (a), which reads as follows: “the Criminal proceedings arising out of C.R. No. 91 of 2008 registered with Nagpada Police Station and presently pending in the Court of the Ld. Metropolitan Magistrate, 25th Court, Mazgaon, Mumbai vide C.C. No. 712/PW/2008 may be quashed and set aside.” (S. A. BOBDE, J.)