1 Cri.Appln.4771 of 2010 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 4771 OF 2010 Chetan Rameshbhai Kakadia ... Applicant Versus State of Maharashtra and Anr. ... Respondents Ms. Rupa Mittal i/by Mr. Hemant Telkar, Advocate for the applicant. Mr. RS.A. Shaikh, A.P.P. for State. Mr. Anand S. Jondhale, Advocate for respondent no. 2. CORAM : K.U. CHANDIWAL,J. DATED : AUGUST 17, 2011 P.C. On 8.7.2011 the counsel for respondent informed the court that the matter is settled. Consequently affidavit in reply of Mr. Ashok Jivani is filed who is present in the court and identified by the learned counsel. It is alleged that on 6.1.2009 the applicant visited the office of respondent and informed them that he knows some diamond purchasers who are interested to purchase diamonds. Accordingly the applicant induced the respondent to hand over the diamonds under the pretext of showing the same to the prospective purchasers. However, applicant neither made the payment of the said diamonds nor returned the same to the 2 Cri.Appln.4771 of 2010 respondent No. 2. Owing to these events, a complaint was filed. The learned Magistrate directed investigating in terms of section 156(3) of Cr.P.C. Based on direction of investigation, chargesheet is filed against the applicant for the offence punishable under section 406, 420 of I.P.C. Since the parties have settled the controversy and the original complainant - respondent no 2 desires to withdraw the prosecution by way of private complaint initiated before the learned Additional Chief Metropolitan Magistrate, 18th Court, Girgaim being C.C. No. 275/PW/09 are quashed and set aside. (K.U. CHANDIWAL,J.)