1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CRIMINAL WRIT PETITION NO.2793 OF 2011 Anilkumar Hirabhai Patel Petitioner versus The State of Maharashtra Respondent Mr.V.V.Purwant for petitioner. Mr.A.S.Gadkari, APP for State. Mr.Prashant Kamble for respondent no.2 (complainant) CORAM : A.M.KHANWILKAR AND P.D.KODE, JJ. DATE : 27th September 2011 PC : 1. Rule. Mr.Gadkari waives notice for State and Mr.Kamble waives notice for respondent no.2. By consent, Rule is made returnable forthwith. 2. By this petition it is prayed that CR No.711 of 2010 registered with Sahar Police Station, Mumbai on 21st November 2010 be quashed and set aside. The primary reason stated in the petition is that the petitioner and the respondent have amicably settled their disputes. As a matter of fact, the offence in question is under section 379 of Indian Penal Code which is a compoundable offence. The parties could have approached the Trial Court for compounding the offence. Learned counsel for respondent no.2, however, submits that since the respondent no.2 is resident of Karnataka, instead of relegating the parties to the Trial Court, in view of affidavit dated 11th 2 September 2011 of respondent no.2 filed in the present petition, which is taken on record, the Court may exercise extraordinary jurisdiction under Article 226 of the Constitution of India and quash the FIR in the interest of justice. 3. Since the act of commission and omission of the petitioner does not affect any matter of public policy nor the settlement terms would be against the public policy, the joint request made by the petitioner and respondent no.2 of quashing the FIR is acceded to. The FIR and the subsequent proceedings thereto are quashed and set aside. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)