Ramesh @ Ramya Kashinath Waghmare ... vs The State Of Maharashtra And Anr
2018 Latest Caselaw 514 Bom

                                                                                    14. cri wp 129-18.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL WRIT PETITION NO. 129 OF 2018


            Ramesh @ Ramya Kashinath Waghmare
            & Ors.                                                         .. Petitioners

                                  Versus
            The State of Maharashtra & Anr.                                .. Respondents

                                                   ...................
            Appearances
            Mr. Rahul Arote          Advocate for the Petitioners
            Mr. Indrajeet A. Bhosale Advocate for Respondent No. 2
            Mrs. G.P. Mulekar        APP for the State
                                                    ...................



                              CORAM        : SMT. V.K. TAHILRAMANI, Acting C.J. &
                                               M.S. KARNIK, J.

DATE : JANUARY 16, 2018.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

1. Rule. Rule is made returnable forthwith and the matter

is heard finally by consent of the parties.

2. The petitioners are seeking quashing of C.R. No. I-625

of 2011 registered with Rabale Police Station, Navi Mumbai

and the proceedings relating thereto. The said case is under

Section 326 r/w 34 of IPC. The case is now pending before

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14. cri wp 129-18.doc

the learned 12th JMFC, Vashi, Navi Mumbai.

3. Heard learned counsel for the petitioners-original

accused, learned counsel for respondent No. 2 - original

complainant and learned APP for the State. All the

petitioners i.e accused Nos. 1 to 4 are present before the

Court. The complainant is also present before the Court.

The complainant has filed an affidavit in which it is stated

that the dispute has been amicably settled between the

parties and on account of the settlement, he has no

grievance against the petitioners, hence, he does not wish to

pursue his complaint i.e C.R. No. I-625 of 2011 registered

with Rabale Police Station and the proceedings relating

thereto. The said affidavit is taken on record and marked

"X" for identification.

4. Learned counsel for the petitioners submitted that in

view of the settlement, the case ought to be quashed.

Reliance is placed on the decision of the Supreme Court in

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the case of Narinder Singh & Ors. Vs. State of Punjab &

Anr.1. Reliance was more specifically placed on paragraph

29 of the said decision. Learned counsel for the petitioners

pointed out that the said case which was before the Supreme

Court was a case under Section 307 of IPC and in view of the

settlement between the parties, the case came to be

quashed.

5. Looking to the fact that the matter has been amicably

settled between the parties and looking to the fact that the

complainant does not wish to pursue the case, we are of the

opinion that no purpose would be achieved by continuing

with the prosecution in the said case. In this view of the

matter, C.R. No. I-625 of 2011 registered with Rabale Police

Station, Navi Mumbai and the proceedings relating thereto

are quashed.

6. Rule is made absolute in the above terms.

[ M.S. KARNIK, J ]                    [ ACTING CHIEF JUSTICE ]

1 (2014) 6 SCC 466

jfoanz vkacsjdj                                                         3 of 3