1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 936 OF 2009 Radhika Kalpatrai .. Petitioner Vs State of Maharashtra & Another .. Respondents Mr. A.H.H. Ponda i/b Ms Mallika Ingale for the Applicant M/s. M.P. Vashi & Associates for the 2nd Respondent Mr. Rajesh More, APP for the State CORAM : A.S. OKA, J DATE : 10th JULY, 2009 P.C.: 1. Not on board. Taken on board. 2. Heard the learned counsel appearing for the petitioner and the learned counsel for the 2nd respondent. Both the petitioner and the 2nd respondent are lawyers by profession. Both of them have lodged complaints based on incident of 23rd October, 2008. It appears that disputes between the petitioner and the 2nd respondent have came to Rma wp936-09.sxw 2 an end. Both of them have tendered affidavits which are taken on record and marked as ‘X’ and ‘Y’ respectively. The prayer made by the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent is that both the proceedings be quashed in view of the settlement between the parties. 3. In view of the facts stated above, a case is made out for exercising power under Section 482 of the Code of Criminal Procedure 1973. Hence, I pass the following order: O R D E R i. Petition is allowed in terms of prayer clause (b). ii. The complaint bearing no. 61/SW of 2008 pending in the Court of learned 38th Additional Metropolitan Magistrate at Mumbai is also quashed and set aside. iii. Both the learned counsel, on instructions, have stated that both the parties will not file any other proceedings on the basis of incidents complained of which are subject matter of this order. JUDGE Rma wp936-09.sxw 3 Rma wp936-09.sxw