KBP 1 cr.wp.2877-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2877 OF 2011 Newton Joshua s/o.Samuel Joshua and anr. ..Petitioners Vs State of Maharashtra ..Respondents -- Mr.Fatima Khan i/b.Mr.A.M.Saraogi, for petitioners. Ms.M.M.Deshmukh, APP for respondent State. Mr.B.A.D’lima i/b.D’lima & Associates, for respondent no.2. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 9 th DECEMBER, 2011 P.C.: This petition is filed for quashing of F.I.R. registered against the petitioners, on the ground that the petitioners have amicably settled their dispute with respondent no.2 – complainant. On the previous occasion, learned counsel for respondent no.2 had pointed out that the petitioners were required to give undertaking as condition KBP 2 cr.wp.2877-11.odt precedent for settlement. However, no such undertaking has been given by the petitioners so far, inspite of giving enough opportunity to the petitioners. He further submits, on instructions, that respondent no.2 is not interested in settling the matter with the petitioners on any other terms. According to him, the settlement is not possible. If it is so, the question of entertaining this petition does not arise as it was instituted solely on the ground that parties have settled all their disputes. It is further submitted by the learned counsel for respondent no.2 that the petitioner no.1 has avoided arrest till now and he is absconding. Even for this reason, no indulgence can be shown to petitioner no.1. 2] In view of the above, petition is dismissed. 3] We make it clear that the dismissal of this petition will not come in the way of the petitioners to pursue any other remedy as may be permissible by law. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]