IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.2774 OF 2006 CRIMINAL WRIT PETITION NO.2774 OF 2006 CRIMINAL WRIT PETITION NO.2774 OF 2006 Samar Khadas & ors ..Petitioners Samar Khadas & ors ..Petitioners Samar Khadas & ors ..Petitioners V/s. V/s. V/s. The Poisar-Kandivli Maharashtra The Poisar-Kandivli Maharashtra The Poisar-Kandivli Maharashtra State Police Employee’s CHS Ltd & ors .Respondents State Police Employee’s CHS Ltd & ors .Respondents State Police Employee’s CHS Ltd & ors .Respondents ---- ---- ---- Mr.S.R.Chitnis, Sr.Counsel with Mr.Vinayak Shetye Mr.S.R.Chitnis, Sr.Counsel with Mr.Vinayak Shetye Mr.S.R.Chitnis, Sr.Counsel with Mr.Vinayak Shetye i.b Ms.P.Kamani for the Petitioners. i.b Ms.P.Kamani for the Petitioners. i.b Ms.P.Kamani for the Petitioners. Mr.Vishwajeet Kapse for Respondentos. 1 to 3. Mr.Vishwajeet Kapse for Respondentos. 1 to 3. Mr.Vishwajeet Kapse for Respondentos. 1 to 3. ---- ---- ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 28.11.2007 Date : 28.11.2007 Date : 28.11.2007 PC PC PC 1. The respondent nos. 1 to 3 have filed private 1. The respondent nos. 1 to 3 have filed private 1. The respondent nos. 1 to 3 have filed private criminal complaint against the present petitioners criminal complaint against the present petitioners criminal complaint against the present petitioners alleging an offence punishable under sections 500, alleging an offence punishable under sections 500, alleging an offence punishable under sections 500, 501 and 502 read with section 114 of the Indian 501 and 502 read with section 114 of the Indian 501 and 502 read with section 114 of the Indian Penal Code. The petitioner nos. 1 to 3 are all Penal Code. The petitioner nos. 1 to 3 are all Penal Code. The petitioner nos. 1 to 3 are all employees working with "Loksatta" which is run by employees working with "Loksatta" which is run by employees working with "Loksatta" which is run by the Indian Express group of newspapers which is the Indian Express group of newspapers which is the Indian Express group of newspapers which is applicant no.4. applicant no.4. applicant no.4. 2. It appears that at the behest of the respondent 2. It appears that at the behest of the respondent 2. It appears that at the behest of the respondent no.4 who has now expired some articles were no.4 who has now expired some articles were no.4 who has now expired some articles were published in Loksatta. The present respondent nos. published in Loksatta. The present respondent nos. published in Loksatta. The present respondent nos. 1 to 3 thought that the said articles were 1 to 3 thought that the said articles were 1 to 3 thought that the said articles were defamatory and hence a criminal complaint came to be defamatory and hence a criminal complaint came to be defamatory and hence a criminal complaint came to be filed. Therefore, Criminal Case No. 632//SS/2005 filed. Therefore, Criminal Case No. 632//SS/2005 filed. Therefore, Criminal Case No. 632//SS/2005 came to be filed in the Court of the Metropolitan came to be filed in the Court of the Metropolitan came to be filed in the Court of the Metropolitan Magistrate, 24th Court, Borivali, Mumbai. The Magistrate, 24th Court, Borivali, Mumbai. The Magistrate, 24th Court, Borivali, Mumbai. The Magistrate has issued process in the said complaint. Magistrate has issued process in the said complaint. Magistrate has issued process in the said complaint. In the meanwhile, the present respondent no. 4 who In the meanwhile, the present respondent no. 4 who In the meanwhile, the present respondent no. 4 who was also accused no.1 in the complaint has expired. was also accused no.1 in the complaint has expired. was also accused no.1 in the complaint has expired. The complainant and the remaining accused have now The complainant and the remaining accused have now The complainant and the remaining accused have now decided to settle their dispute and compound the decided to settle their dispute and compound the decided to settle their dispute and compound the offences. offences. offences. 3. Accordingly, minutes of order dated 28th 3. Accordingly, minutes of order dated 28th 3. Accordingly, minutes of order dated 28th November, 2007 signed by the both the advocates as November, 2007 signed by the both the advocates as November, 2007 signed by the both the advocates as well as by the parties is tendered across the bar well as by the parties is tendered across the bar well as by the parties is tendered across the bar today and the same is marked X for identification. today and the same is marked X for identification. today and the same is marked X for identification. The Application as well as the complaint is The Application as well as the complaint is The Application as well as the complaint is disposed of in terms of the minutes of order. disposed of in terms of the minutes of order. disposed of in terms of the minutes of order. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)