1 ndm 43 appln.838.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 838 OF 2010 Chaman Kaundal and ors. ... APPLICANTS Vs. The State of Maharashtra and anr. ... RESPONDENTS -------- Mr. Irshad I. Shaikh for Applicants. Mr. D.R. More, APP for State. Mr. A.I. Shaikh for Respondent No.2. -------- CORAM : B.R. GAVAI, J. DATE : 01 st April, 2010. P.C. 1 Rule made returnable forthwith. Heard by consent. 2 By way of present proceedings, the Applicants pray for quashing and setting aside the proceedings vide C.C. No. 103/SW/2007 pending before the learned Metropolitan Magistrate, 29 th Court, Dadar, Mumbai. 3 The aforesaid complaint has been filed by Respondent No.2 alleging therein that the present Applicants have committed certain 2 financial irregularities while they were members of the executive committee of the Respondent No.2. 4 It appears that the aforesaid complaint came to be filed since there was dispute between two groups of Respondent No.2. It further appears that during the pendency of the proceedings, the matter has been amicably settled between the parties and Respondent No.2 has passed a resolution to give an end to the criminal proceedings. An affidavit to that effect has been filed on behalf of the Respondent No.2. 5 The Apex Court in the Case of Madan Mohan Abbot Vs. State of Punjab [(2008) 4 SCC 582] has observed as under : “6. We need to emphasise 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 mater alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” 6 It can clearly be seen that the dispute in the present case is purely dispute between two factions of an association and the criminal 3 complaint has been filed as an offshoot of the same. The Applicants and the General Secretary of the Respondent No.2 are personally present in the Court and they reiterate the fact of amicable settlement between the parties. 7 In that view of the matter, I find this is the fit case wherein exercise of jurisdiction under Section 482 of the Criminal Procedure Code should give an end to the criminal litigation. 8 The proceedings pending before the learned Metropolitan Magistrate, 29 th Court, Dadar, Mumbai vide C.C. No. 103 / SW / 2007 are therefore quashed and set aside. 9 Rule is therefore made absolute in the aforesaid terms. [ B.R. GAVAI, J ]