1 301.09 bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.301 OF 2009 Santosh Kumar Shyamal & Ors. ..Petitioners Vs. The State of Maharashtra & Ors. ..Respondents Mr.A.N.Pathan for petitioners. Mr.Rajesh More, APP for respondents. CORAM : N.D.DESHPANDE,J. DATED : DECEMBER 16, 2010 P.C.: Heard the learned Counsel for the parties. 2. The present petition is filed under Section 482 of the Cr.P.C. invoking the inherent powers of this Court for quashing the proceeding or granting permission to the parties to compound CC No.984/P/2003 pending on the file of the Metropolitan Magistrate, 19th Court, Mumbai. The petitioners are accused being tried for the alleged offences under Section 403, 406, 420 read with 34 of the I.P.C. 3. Admittedly, the offences are non compoundable. The petitioners relied on the bank correspondence Exhibit "C" page 23 to 25 of the paper book to substantiate the claim in the petition. Perused the said correspondence of the bank. It is regarding certain dues and payments made to the bank after the FIR is lodged. Therefore, the petitioners relied on the decision of the Apex Court in the case of Nikhil Merchant Vs. CBI and Anr. in Criminal Appeal No.1302 of 2008 decided on 20th August,2008 to create an impression on record that the present proceeding can be made compoundable or quashed as sought. Perused the said authority. The learned Counsel for the petitioners conceded that there is no consent terms between the complainant bank and the accused that they have 2 301.09 been exonerated or all dues are cleared, before any Forum or Court. Therefore, the facts of the present case and the facts of the case in cited authority before this Court are different. 4. There is nothing on record to indicate that it is a private party dispute and the complainant is not interested to proceed further in the matter. As such no case is made out. The petition is devoid of substance. Hence, the same stands dismissed at the stage of admission with no order as to costs. (N.D.DESHPANDE,J.)