1 wp-2558-2010 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2558 OF 2010 Avinash R. Mishra ...Petitioner Versus The State of Maharashtra & ors. ...Respondents Mr.Subhash Jha i/b. Mr.Manoj S. Mhambrey for petitioner. Mr.P.A.Pol PP with Mr.A.S.Gadkari, APP for State. Mr.B.A.D’Lima i/b. M/s.D’Lima & Associates for Resp.no.6. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. June 17, 2011. P.C. 1. The petitioner prays to quash C.R.No. I 188 of 2010 registered with Nerul Police Station, Navi Mumbai for the offences punishable under Sections 418, 420, 465, 467, 471, 409 read with Section 34 of IPC. The said CR was registered on the basis of the complaint submitted by Respondent no.6 who is the partner of M/s. S.A.S. Developers and Engineers. 2 wp-2558-2010 2. During the pendency of this petition and as suggested by this Court (order dated 26/11/2010) the parties i.e. the petitioner and respondent no.6 have settled the money recovery disputes and the settlement terms have been reduced in writing. They have been signed by both the parties along with their Advocates. The Consent Terms are placed before us and they are taken on record and marked “X” for identification. The learned counsel for the petitioner and respondent no.6 have jointly prayed for quashing of C.R.No.I-188 of 2010 registered with Nerul Police Station, Navi Mumbai 3. Mr.Gadkari, the learned APP pointed out that during the course of investigation two more witnesses whose statements were recorded have also come out with the same grievance as was made by respondent no.6 in his complaint to the police station and, therefore, he suggested that rights of any other complainants should not be affected by the instant settlement between the petitioner and respondent no.6. There can be no doubt that the settlement will be binding only on the petitioner and respondent no.6 and it will not prejudice the rights of any other investors / complainants / financers who are not before us as of now 3 wp-2558-2010 4. Hence by consent of the parties, the petition is allowed and C.R.No. I 188 of 2010 registered with Nerul Police Station, Navi Mumbai is hereby quashed and set aside. We are also informed that the original demand draft for Rs.1,00,00,000/- (Rupees one crore only) which was with the petitioner has been handed over to the complainant. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)