1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.2436 OF 2009 Deepak Narayandas Tolani & Ors. : Applicants V/s. The State of Maharashtra : Respondent .... Mr.Rajesh Sharma i/b. M/s.Rajesh Sharma & Associates for the applicants. Ms M.H. Mhatre, Addl. Public Prosecutor for the State. Mr.Parvez Memon i/b. Mr.A. Majeed Memon for original complainant. .... CORAM : S.A. BOBDE, J. DATE : OCTOBER 15, 2009. P.C.: 1. It appears that in pursuance of the earlier order of this Court directing mediation, the parties have settled their disputes before the learned Mediator Mr.Justice A.S. Aguiar (Retd.). The learned Mediator has submitted a report to this Court dated 13.10.2009 reporting the said settlement and the fact that the parties have entered into Consent Terms which have been submitted to him. The Consent Terms are also before this Court. He has also forwarded a Demand Draft drawn on State Bank of India dated 12.10.2009 for a sum of Rs.1,44,00,000/- in 2 favour of Karuna Deepak Tolani. The Demand Draft has been forwarded with reference to clause 2(b). As per clause 3 of the Consent Terms, the said Demand Draft has been agreed to be handed over to the original complainant Karuna Deepak Tolani at the time of passing of the final order by this Court. The parties do not dispute that sub-clause (a) of clause 2 has also been complied with. The complainant Karuna Deepak Tolani is present in Court and the said Demand Draft has been handed over to her. She has further stated that the settlement has been entered into on her own free will and volition and, accordingly, the matters between the parties may be disposed of. 2. In the circumstances, the present Criminal Application is disposed of in accordance with the Consent Terms. The present application is allowed in terms of prayer clause (b) which reads as follows:- “b) That this Hon’ble Court be pleased to quash and set aside the prosecution arising out of the C.C. No.87/Misc/2009 registered under section u/s (sic) 313, 315, 307, 321, 414, 465, 467, 468, 420, r/w 34 or 114, 109, or 120-B of I.P.C., with the Oshiwara Police Station as against the Applicants.” 3 Order accordingly. S.A. BOBDE, J.