IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1361 OF 2008. WRIT PETITION NO.1361 OF 2008. WRIT PETITION NO.1361 OF 2008. Sadanand Anandrao Pradhan. ..Petitioner. versus Suresh Ram & Ors. ..Respondents. .... Ms. Chandana Salgaokar-Radia, for the Petitioner. Mr. B.K.Soodi, for Respondent Nos.1 to 5. Mr. J.P.Yagnik, APP, for Respondent No.6. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 15TH JULY,2008. : 15TH JULY,2008. : 15TH JULY,2008. P.C. 1. Heard the learned counsel appearing for the petitioner, the learned APP for the State and the learned counsel appearing for the respondent nos. 1 to 5. 2. The petitioner lodged F.I.R. on 31st July 2000 alleging commission of offences under sections 406, 420 r/w section 34 of the Indian Penal Code against the contesting respondents. 3. After completion of the investigation, a report under section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ’the said Code’) was submitted by the Investigating Officer. Non-bailable warrants were issued against some of the accused persons by the learned Magistrate. There is a companion writ petition no.2097/2007 filed by the accused nos. 1 and 2 for quashing the proceeding of the criminal case and for setting aside order issuing non-bailable warrant. After filing of the said writ petition, there was a settlement arrived at on 18th June 2008 between the petitioner and first to fifth respondents. In this petition, reliance has been placed on clause no.5 of the memorandum of understanding, which reads thus :- . "5. The First Party has withdrawn the aforesaid complaint unconditionally against the Second Party from the JMFC (AC Court) Pune. First Party swears that it will not initiate in future any civil or criminal proceedings against the First Party or any of its Directors or officials in any matter whatsoever and in any legal jurisdiction, Indian or foreign." . The first party in the said memorandum of understanding is the Company represented by the petitioner herein. On the basis of the said memorandum of understanding, an application was moved before the Trial court under section 320 of the said Code for compounding of the offences. By order dated 19th June 2008, the said application was partly allowed and the learned Trial Judge permitted the compounding of offence punishable under section 420 r/w section 34 of the Indian Penal Code. However, the learned Trial Judge held that the prayer for compounding the offence punishable under section 406 r/w section 34 of the Indian Penal Code cannot be granted as mis-appropriation alleged is of a sum of Rs.8,20,000/-. 4. The learned counsel appearing for the petitioner submitted that there is a complete settlement between the petitioner and first to fifth respondents and therefore, proceedings of the criminal case be quashed and set aside. The learned counsel appearing for the first to fifth respondents supported the petitioner. 5. The order dated 19th June 2008 passed by the learned Judicial Magistrate accepts the fact that there is a settlement between the petitioner and the first to fifth respondents. The learned Judge, in my view, rightly held that the offence alleged under section 406 of the Penal Code could not have been compounded as the allegation was that the mis-appropriation was to the extent of Rs.8,20,000/-. 6. However, in view of settlement between the parties, the continuation of the criminal case will cause undue harassment to the parties. In fact, continuation of the criminal proceedings will be an abuse of process of law. The offence under section 420 of the Indian Penal Code is already compounded. It is a fit case for exercising power under section 482 of the said Code to quash the proceedings of the criminal case. 7. Accordingly, the proceeding of criminal case bearing no.RCC 240/03 pending in the Court of learned Judicial Magistrate First Class, (AC Court) at Pune, arising out of F.I.R. No.298/2002 registered with Deccan Gymkhana Police Station is quashed and set aside. Consequently, the bail bonds of the accused stand cancelled. 8. Parties and concerned Court to act upon an authenticated copy of this order. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]