Cr Msc 578/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Cr. Msc. Petition No.578/2007 Sheraz J.Malegamwalla & Avneesh Chandra Versus State & M/s Popular Art Palace (P) Ltd through Govind Prakash Date of Order ::: 16/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Jai Prakash Gupta, for petitioners Mr. Neeraj Sharma, for respondent No.2 Mr. Arun Sharma, Public Prosecutor Instant petition U/s 482, CrPC has been filed for quashing of FIR-65/07 dt.12/02/07 lodged at PS Bagru (Jaipur district) for offences U/Ss 420/407/ 120-B, IPC, wherein investigation is pending. Notice was issued to respondent NO.2 vide order dt.25/04/07. After service, complainant (Govind Pareek Manager of respondent No.2-Firm) has filed application on 25/09/07 before this Court with a prayer to dispose of instant petition in the light of memo of understanding – xerox copy whereof has been annexed therewith – as per which both the parties have mutually and amicably settled their disputes with a view to withdraw criminal complaint and discontinue proceedings pending against petitioners before investigating officer on the premise that complainant has received the amount in dispute arising out of a commercial transaction between them. Cr Msc 578/07 //2// Today both the parties are present in person and particularly complainant's Manager Shri Govind Prakash, after having received bank drafts (xerox copy whereof has also been filed alongwith application dt.20/09/07) for the balance amount stated in the MOU, he does not warrant to pursue criminal proceedings any further. Since both the parties in instant case are having commercial relationship with each others and due to dispute in a commercial transaction, perhaps complaint might have been lodged and now when they have amicably settled their dispute, if investigation is allowed to continue, there may be a possibility of bitterness in their relations. Thus viewed, in light of statement made by Counsel representing their respective parties on having agreed to by virtue of compromise (MOU) produced by complainant himself before this Court, and who has admitted to have received entire amount in dispute out of commercial transaction, no purpose will be served to proceed further in the matter. Consequently, the misc. petition stands allowed. Criminal proceedings arising out of FIR- 65/2007 pending before SHO PS Bagru (Jaipur District)/investigating officer against petitioners in view of compromise between the parties filed Cr Msc 578/07 //3// before this Court for offences U/Ss 120-B, 407 & 420, IPC are hereby quashed and set aside. A copy of this order alongwith certified copy of compromise filed herein be sent forthwith to the trial Magistrate for compliance. (Ajay Rastogi), J. K.Khatri/p.3/578CrMscP07(320).doc)