IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2355 OF 2008 APPLICATION NO.2355 OF 2008 APPLICATION NO.2355 OF 2008. Ramkrishna Dhondiram Bhosale. ..Applicant. versus The State of Maharashtra & Ors. ..Respondents. WITH CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2370 OF 2008 APPLICATION NO.2370 OF 2008 APPLICATION NO.2370 OF 2008. Mr. Abdul Hafeez Habib Jagrala. ..Applicant. versus The State of Maharashtra & Ors. ..Respondents. .... Mr. Rajeet M. Pawar, i/b. Sayaji D. Nagare, for the Applicant, in Crim.Appln.No.2355/2008. Mr.Prakash Naik, for Respondent Nos. 2 to 5, in Crim.Appln.No.2355/2008. Mr.D.P.Adsule, APP, for Respondent-State, in Crim. Appln.No.2355/2008 & Crim.Appln.No.2370/2008. Mr. Prakash Naik, for the Applicant, in Crim.Appln.No.2370/2008. Mr. Ranjeet M. Pawar, i/b. Sayaji D. Nangre, for Respondent No.2, in Crim.Appln.No.2370/2008. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 30TH JULY,2008. : 30TH JULY,2008. : 30TH JULY,2008. P.C. 1. Rule. The learned APP waives service for the first respondent in both the applications. The Advocate appearing for the respondent nos. 2 to 5 in criminal application no.2355/2008 waives service. The Advocate appearing for respondent no. 2 in criminal application no.2370/2008 waives service. 2. By consent, taken up for hearing. The applicant in criminal application no.2355/2008 filed - 2 - a private complaint against the second to fifth respondents in the said application alleging commission of offences under sections 308, 406, 465, 467, 471 read with section 34 of the Indian penal Code. An order was passed on the said complaint by the learned Magistrate under section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code"). After investigation was completed, a charge-sheet has been filed in the said case. The fifth respondent in criminal application no.2355/2008 also filed a private complaint against the applicant in the said application and others, alleging commission of offences under sections 406, 420, 464, 465, 467, 468, 471 read with section 34 of the Indian Penal Code, on which an order was passed under section 156(3) of the said Code. The criminal application no.2355/2008 is filed by the applicant therein for quashing the proceedings of the case filed by him. The respondent no.5 in the said application no.2355/2008 has filed criminal application no.2370/2008 praying for quashing the complaint filed by him. 3. The parties to the application have relied upon the consent terms in civil suit filed by the - 3 - fifth respondent in criminal application no.2355/2008 against the applicant. The parties in both the applications state that there is an overall settlement of all disputes between them. 4. The learned APP has produced for my perusal a report submitted by the investigating officer in both the cases, in which the investigating officer has stated that he was submitting to the order of this Court. The report is marked as ’X’ and is taken on record. 5. After having heard the learned counsel appearing for the parties and after perusing the averments made in the applications and annexures thereto, I find that the dispute between the parties were essentially a dispute about an immovable property and transactions relating to the immovable property. Now, there is a complete settlement between the parties. Hence, the contention of the criminal proceedings will cause undue harassment to both the parties and no purpose will be served by continuation of this proceedings. 6. Hence, case is made out for exercising power - 4 - under section 482 of the said Code. Hence, I pass the following order :- (1) Rule issued in both the applications is made absolute in terms of prayer clause (a) thereof. (2) Parties to act upon an authenticated copy of this order. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]