1 Cr.WP.1061/2010 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1061 OF 2010 1. Vijay Moza 2. Dr. Ramanand Nadig ...Petitioners Vs. 1. The State of Maharashtra 2. Dr. Deepak Prabhaji Devde ...Respondents Mr. Diwakar R. Singh, Advocate for the Petitioners Mr. D.P. Adsule, A.P.P for the State for Respondent No.1 Mr. Rishi Bhuta, Advocate for the Respondent No.2 CORAM: B. H. MARLAPALLE & SMT. ROSHAN DALVI, JJ. DATED: 16TH JULY, 2010. P.C. 1. The original complainant i.e., respondent No.2 has filed an affidavit before us stating that he had filed a complaint against the petitioners and the same was registered as C.R.No. 657/2009 with the MIDC Police Station, Andhri, Mumbai for the offence punishable under Section 420 r.w. Section 34 of I.P.C., on 30th January 2009. He has further stated that in the meanwhile he got a job offer and he does not want to proceed with the complaint filed by him and which has been registered as C.R.No.657/2009. He has further stated that the withdrawal 2 Cr.WP.1061/2010 of the complaint is not under force or coercion or pressure and he is doing so on his own free will and the dispute, if any, has been settled amicably. 2. The Petitioner No.1 has promoted an institute by name Clinical Research Education and Management Academy (for short CREMA) which is supposed to be the clinical research centre engaged in healthcare and biomedical sciences and it started its operations in Mumbai in June 2007. One of the main purposes of the institute is to fulfill the industry demand for skilled clinical research professionals, with management acumen through the state of art training and education in campuses located at Bombay, New Delhi and Hyderabad. The institute is conducting full time advanced Post Graduate Diploma Programme in Clinical Data Management and a host of other part time courses along with MBA in Health Care Management from the current academic year i.e. 2009 – 2010. The said institute has tied up with M/s. William Harvey Research Ltd., which is claimed to be a leading contract research organisation based in U.K and specialised in Biotech and Pharmaceutical Sectors. 3. The Respondent No.2, responding to the proclamation issued by CREMA for admissions joined the Advanced Post Graduate Diploma Course in Clinical Research some times in July 2008 and he paid a sum of about Rs.2.5 lakhs towards the fees 3 Cr.WP.1061/2010 between July to October 2008. On completion of the course he did not get any job through so many of the other students were successful in finding suitable placements. He was referred to number of establishments by CREMA for the post of Quality Analyst. Some of them were Raptim C.R., Ethika C.R., Ma Cleods, Excel Life Sciences and Nicholas Piramal etc., and as per the reports received, in all these interviews he was rejected on the ground that he was not up to the mark in terms of technical knowledge and professional english communication. 4. Respondent No.2 at this stage filed the complaint with the MIDC Police Station, Andheri, Mumbai on or about 30 th December 2009 which came to be registered as C.R.No. 657/2009 for the offence punishable under Section 420 r.w. Section 34 of the I.P.C. 5. As per Mr. Adsule the learned A.P.P during the course of investigation into the said C.R., it came to light that there were two more students like the complainant who were not successful in getting suitable placements and their statements have been recorded. Mr. Adsule, therefore, claims that these two witnesses are also similarly placed like the complainant and therefore, the complainant should not be allowed to compromise and the C.R so registered should not be quashed and set aside. 4 Cr.WP.1061/2010 6. We are not impressed by the submissions made by the learned A.P.P. We have perused the statements of Respondent No.2 recorded when C.R.No.657/2009 came to be registered with the MIDC Police Station and in the peculiar facts of the case and even on the basis of the statements so recorded of Respondent No.2 prima facie an offence of cheating punishable under Section 420 of I.P.C has not been made out. Even if we assume, that the Petitioners had assured jobs to every student on successful completion of the diploma course, for getting selected in an establishment is dependent upon the candidate’s suitability visa-vis the job requirements. It is well known, best of our managements can not assure job to every passing out student. Even otherwise the complainant does not want to proceed with his complaint, he filed a complaint under misunderstanding. It is possible that he got right advice after the complaint was filed. 7. Hence, we allow this Petition and quash and set aside C.R.No. 657/2009 registered with MIDC Police Station, Andheri, Mumbai. (SMT. ROSHAN DALVI, J.) (B. H. MARLAPALLE, J.)