1 Kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.435/2009 Mohanlal Parsaram Khetwani. ....Petitioner V/s The State of Maharashtra and another. ....Respondents ............. Mr.A.M.Saraogi, Advocate for the Petitioner. Ms.Ashwini Rupji i/b M/s Nanu Hormasjee & Co., for the Respondent No.2. Mr.Rajesh More, APP for the State. ............. CORAM : A.S.OKA, J. Dated :- 08th May, 2009 PC :- 1 Rule. 2 The learned APP waives service for the State of Maharashtra. The learned counsel for the second Respondent waives service. 3 The prayer in this Writ Petition is for exercising the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as “the said Code”) for quashing the prosecution for the offences under Sections 78 and 79 of the Trade and Merchandise Act, 1958 and the offences under Sections 420, 482, 483, 485, 487 and 120-B of the Indian Penal Code. 4 The reliance has been placed on the consent terms filed in the suit between I.T.C. Ltd. And the Petitioner and others. The first informant is an officer of the I.T.C. Ltd.. On the basis of the settlement between the parties, an application was moved before the learned Magistrate for compounding the case. The said application was signed by both the accused as well as by the first informant (the second Respondent herein), however, the said application is not entertained as some of the offences are not compoundable. 2 5 Considering the nature of dispute between the parties and considering the settlement arrived at in the civil suit, this is a fit case for exercising the power under Section 482 of the said Code. 6 Hence, I pass the following order:- Rule is made absolute in terms of prayer clause (a). The authorities and the concerned Court to act upon an authenticated copy of this order. JUDGE