and they have reiterated their resolve to close these rival cases, the fact remains that the criminal case arising from the complaint of the police constable from the very same incident, would continue and at the same time the offences punishable under Section 365 and 307 of IPC are not compoundable. As per Mrs. Deshmukh, the observations made by the Apex Court in Madan Abbots case are not applicable in the peculiar facts of these cases in as much as even if these petitions are allowed, the disputes between the parties cannot be closed in as much as the case filed on the basis of the complaint of the police constable would continue for trial before the learned Judicial Magistrate, I Class and it arises from the same incident as is in C.R.No.77 and 78 of 2007. We find force in these arguments. We are therefore, not inclined to grant relief as prayed for and more particularly because the observations made by the Apex Court in Madan Abbot’s case do not apply with full force in the peculiar facts of these cases. At the best, the petitioners have a remedy to make an application before the Sessions Court at Pune for transfer of case presently pending before the learned Judicial Magistrate, I Class, at Junnar to the Court of the learned Judicial Magistrate, I Class at Pune, or to apply for discharge if so permissible.
