[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.2612 OF 2008 IN CR NO.52 OF 2003 IN CC.NO.36/PW OF 2004 Shri.Chandrakant Jeramdas Dawda and Anr. ..Petitioners Vs. Shri.Pankaj Mathuradas Mistry & Anr. ..Respondents ... Mr.Santosh Chari Adv. for Petitioners Ms.Sunita Sharma Adv. for Respondent no.2 Ms.A.A.Mane A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 12, 2008 DATE : DECEMBER 12, 2008 DATE : DECEMBER 12, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioners-original accused, the learned advocate for the respondent-original complainant and the learned A.P.P. for the State. 2. The petitioners are seeking quashing of Case No. 36/PW/2004 which is pending before the learned Addl. Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai. The said case pertains to CR No.52 of 2003 of EOW, GBCB CID, Mumbai. The said case is under Sections 420, 406 and 120(B) of IPC. [-2-] 3. The FIR is in respect of criminal breach of trust and cheating in relation to diamonds. The learned advocate for the complainant has stated that the dispute has been amicably settled between the parties and the complainant does not wish to proceed and prosecute the complaint filed by him against the petitioners. The affidavit to the above effect has been tendered by the complainant which is taken on record and marked ‘X’ for identification. In view of the above facts and in view of the decision of the Supreme Court in the case of B.S.Joshi and another Vs. State of Haryana B.S.Joshi and another Vs. State of Haryana B.S.Joshi and another Vs. State of Haryana and another reported in Judgment Today 2003(3) S.C. and another reported in Judgment Today 2003(3) S.C. and another reported in Judgment Today 2003(3) S.C. 277, 277, 277, the proceedings pertaining to C.C.No. 36/PW/2004 pending before the learned Addl. Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai, are quashed and set aside. 4. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]