Dixit 1 WP-2203-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2203 OF 2010 Mehervan Homi Kupar ... Petitioner V/s. The State of Maharashtra & Ors. ... Respondents Mr. Vaibhav Jathar for the Petitioner. Mrs. A.S. Pai, A.P.P., for Respondent Nos.1 to 3. Mr. Vishwajeet Sawant with Mr. Inderpal Singh, i/b. M/s. ALMT Legal, for Respondent No.4. ASI Jagtap, attached to Anti Extortion Cell, Crime Branch, Pune, is present in person. CORAM : A.M. KHANWILKAR & R.G. KETKAR, JJ. DATE : 18 TH NOVEMBER, 2011. P.C. : 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Counsel waives notice for their respective parties. Dixit 2 WP-2203-10 3. By this Petition filed under Article 226 of the Constitution of India read with Section 482 of the Code, it is prayed that the F.I.R. bearing C.R. No.192 of 2010 dated 4th June, 2010 registered with Swargate Police Station, Pune, for offence punishable under Sections 467, 468, 471, 420 of the IPC be quashed. It is common ground that the said offence was registered in relation to transaction in respect of private property situated at Bibwewadi, Pune. The complainant as well as the Petitioner have now amicably resolved all their differences in relation to the said transaction. As a result, the complainant, who is represented by his Advocate before us and is also present in Court to reiterate the fact that full and final settlement has been arrived at between the parties in relation to the said transaction, submits that he is not interested in pursuing the criminal action against the Petitioner any further. 4. The learned A.P.P. for the Respondent-State, on instructions, submits that the private parties have not co-operated during the investigation. At the same time, it is accepted by the Investigating Officer, who is present in Court, that no other offence is registered or being tried against the Petitioner known to the local Police Station. 5. Taking over all view of the matter, in the interest of justice, as the settlement arrived at between the parties has no impact on public policy and the Dixit 3 WP-2203-10 parties having resolved all their differences with regard to the transaction in respect of private property situated at Bibwewadi, Pune, we deem it appropriate to grant relief in terms of prayer clause (b), which reads thus : “(b). This Hon’ble Court may kindly after going into the legality, proprietary and substantivity of the case, pleased to quash and set aside the F.I.R. bearing C.R. No.192/2010 dt. 04/06/2010 registered with Swargate Police Station for the offences punishable u/s. 467, 468, 471, 420 of Indian Penal Code and thereby, pleased to quash the investigation carried out by Respondent No. 3, for that purpose issue necessary orders.” 6. The Petition is allowed and rule is made absolute in terms of prayer clause (b). [R.G. KETKAR, J.] [A.M. KHANWILKAR, J.]