1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 266 OF 2009 IN CRIMINAL WRIT PETITION NO. 199 OF 2008 Mr. S. B. Naik & Ors. ..Applicants versus Mr. M. P. Vashi & Ors. ..Respondents Ms. Usha Purohit – Applicant No.2 present in person. Ms. A. T. Jhaveri – APP for State. AND CRIMINAL APPLICATION NO. 3623 OF 2009 Ms. S. N. Sarnaik ..Applicant versus Mr. M. P. Vashi & Ors. ..Respondents Mr. A. A. Kumbhakoni i/b. Mr. Milan Sawant and Ameya Tamhane for Applicant. Mr. S. S. Pande for Respondent Nos. 3 to 12. Mr. S. N. Gawade – APP for the State. CORAM : S. A. BOBDE, J. DATED : 14TH AUGUST, 2009. 2 P.C. : 1. In Criminal Application No. 266 of 2009 the Applicants have prayed for modification of the Order staying the proceedings pending before the JMFC VIIIth Court, Esplanade, with a further direction that the JMFC VIIIth Court, Esplanade, be directed to entertain and decide the application of the complainant i.e. respondent No. 1 for withdrawal of Complaint C.C. No. 08440443/SS/73 dated October 2008. 2. In Criminal Application No. 3623 of 2009 under Section 482 of the Cr.P.C. the applicant has prayed for quashing and setting aside the order dated 3rd December 2007 for issuance of process and for quashing the Criminal Complaint No. 4403/SS/2007 pending before the learned Metropolitan Magistrate, 8th Esplanade, Court at Mumbai. 3. I have heard Ms. Usha Purohit in person and Mr. Ashutosh Kumbhakoni for the Applicant in Application No. 3623 of 2009. The learned counsels have submitted that the parties have reconciled and the matter need not be proceeded further in any court. Reliance is placed on a letter dated 4th August 2008 signed by the respondent No.1, which is not in dispute. Having regard to the circumstances of the case, I consider it appropriate in the interest of justice to quash and set aside the Criminal 3 Complaint No. 4403/SS/2007 pending before the Ld. Metropolitan Magistrate 8th Esplanade Court at Mumbai, and allow both the Applications. 4. Order accordingly. (S. A. BOBDE, J.)