1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1807 OF 2009 Bhavesh Prakash Pabri & Anr. ..Petitioners versus Jitendra J. Mistri & Anr. ..Respondents Mr. R. D. Soni i/b. Dharam & Co. for Petitioners. Mr. Anil Mehta for Respondent No. 1. Ms. M. H. Mhatre – APP for State. CORAM : S. A. BOBDE, J. DATED : 4TH AUGUST, 2009. P.C. : 1. This is a petition under Section 482 of the Cr.P.C. for quashing the Criminal Case No. 286/P of 2003 pending against the petitioners. 2. The prosecution is in respect of offences under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code. The offences are said to arise out of transaction of trading in shares. According to the complainant, huge unauthorised transactions were observed on 12th November, 2001 in respect of 25,000 shares of Moserbaer. After the filing of the complaint and the arrest of the petitioners and bail, it is a common ground that the dispute between the petitioners and the complainant is settled. The matter is settled by way of payment through an account payee cheque. According to the 2 authorised representative of the complainant – respondent No. 1, he does not wish to prosecute the offences. Before this Court an affidavit has been filed by Jitendra Jamnadas Mistry - the respondent No. 1 to the effect that he has instructions from the company to consent to the application for compounding of the offences and accordingly he does not object. 3. It appears from the aforesaid dispute that the dispute arises out of interse transaction between the complainant and the petitioners. The public at large is not involved in the dispute. Having regard to the law laid down by Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 SCC 582] and in the case of Manoj Sharma vs. State & Ors. [2008(4) KLT 417(SC)], I am of view that it is a fit case for quashing and setting aside the Criminal Case No. 286/P of 2003 pending in the Court of the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai, subject to the parties paying jointly costs of Rs.15,000/- (Rupees Fifteen Thousand) to the Maharashtra State Legal Services Authority, Mumbai, within a period of two weeks from today. 4. Order accordingly. (S. A. BOBDE, J.)