- 1 - 4360 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4360 OF 2008 Shri Santosh Keshav Sonavane. Applicant vs The State of Maharashtra & ors.. Respondents Mr.S.P.Kadam for Applicant Mr.R.M.More APP for Respondent-State CORAM: N.D.DESHPANDE, J DATE: 28 th March,2011 P.C. 1. Heard Mr.Kadam learned counsel for the applicant who filed this petition under section 482 of Cr.P.C.for quashing a criminal case pending on the file of Metropolitan Magistrate, 24th Court, Borivali, Mumbai registered with Malad Police Station under sections 465, 467,468, 471, 420 of IPC. It is a police case registered as C.R.No.137 of 2005 on a complaint of respondent no.2 which was registered as FIR. After investigation the Petitioner came to be charge sheeted under sections 465, 467, 468,471,420 IPC. These are offences called - 2 - 4360 cheating and forgery of certain dcouments and valuable security and the same on line transaction. The nature of the offences have been described by the complainant-respondents in his report i.e.FIR. The applicant is accused before the trial court since 2005. It involves misappropriation of Rs.6,50,000/-. In short, the offences being non-compoundable is the main hurdle for both the applicant and respondent to have the case compounded.Therefore,the applicant filed this petition with a assurance from the complainant that the dispute would be settled. 2. This Court cannot go ahead for recording of settlement of a case. Such compounding or compromise can be recorded by the trial court. During the course of hearing on behalf of the complainant-company one of the director is present and admitted that parties have settled their dispute. - 3 - 4360 3. As observed by me, there cannot be recording of compromise before this court;Such facts can be taken into consideration on merits in case it is found that inherent powers of this Hon ble court can be invoked for quashing of proceedings. Merely on the averments made in the Petition who is accused no case can be accepted as true for quashing either, or compounding of the offences even for compoundable offences which is always at the instance of the complainant. It it is case of the Petitioner that complainant had agreed for settlement of the dues and incase there is no dispute between them, then the right person would be the Complainant to come forward with such a Petition. He cannot simply say that he agrees for quashing such proceedings which ordinarily in law cannot be compounded. Therefore, this court allows the petitioner to withdraw this Petition, so also with liberty to Petitioner to file such appropriate Petition in order to make out a case either for compounding - 4 - 4360 or quashing and the same would be decided at its own merits with notice to the concerned police station who is the main party in criminal prosecution. Liberty is also given to the parties to state their case before the trial court for getting appropriate reliefs if they so deserve. With these observations and liberty, Petition is disposed of with no order as to costs. N.D.Deshpande,J