1 Cri.Application No.804 of 2011 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 804 OF 2011 Mr. Avindersingh Ishwarsingh Vijan ... Applicant Versus State of Maharashtra and Ors. ... Respondents Mr. Shounak Mehta, Advocate for the petitioner. Ms. Swapna Kode i/by Mr. Jayawant Bardeskar for respondent no. 2. Mrs. R.V. Newton, A.P.P. for State. CORAM : K.U. CHANDIWAL,J. DATED : AUGUST 22, 2011 P.C. Heard. 2. On 17.8.2011 parties appeared before this court. The respondent no. 2 filed affidavit. Respondent no.2 is present and confirms recitals in the affidavit in reply. The learned counsel for respondent no. 2 also accepts the assertions in the affidavit in reply. 3. Respondent no. 2 had initiated proceedings for offence under section 427, 447, 449, 457, 380, 452, 433 read with 34 of I.P.C. at Trombay Police station. The petitioner filed Criminal proceedings 2 Cri.Application No.804 of 2011 being C.C. No.738/P/2001 before the learned Metropolitan Magistrate, 45th Court at Kurla. The controversy as reflected in para 2 of the petition refers to development agreement which is civil dispute between the parties. However, since they have settled the dispute, I do not find any reason to continue with on going prosecution,. Considering all the aspects powers under section 482 of Cr.P.C. are exercised. The prosecution in terms of C.C. No. 738/P/2001 on the file of learned Metropolitan Magistrate, 45th Court, Kurla is set aside. Criminal Application allowed. (K.U. CHANDIWAL,J.)