14. wp 159-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 159 OF 2011 Lux Industries Ltd .. Petitioner Vs Union of India & Ors .. Respondents Mr. N.G. Jetha for the Applicant Ms. M.H. Mhatre, APP for the State Mr. D.A. Nalawade, APP for the State CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 7th MARCH, 2011. PER COURT: 1. By this petition under article 226 of the Constitution of India, the petitioner challenges the notice by which the respondents communicated the petitioner the terms and the settlement to be arrived at between the parties for violation of the standards of Weights & Measures punishable under Section 39 of the Standards of Weight & Measurement Act 1976. 2. The learned Counsel for the petitioner has urged before us that the offence punishable under the aforesaid Section is a compoundable offence but the respondent no. 3 has communicated to them that Rs. 35000/- would be an amount required to be paid by the petitioner for compounding the said 1 14. wp 159-11.doc offence. The learned Counsel for the petitioner had also urged before us that the maximum fine of Rs. 5000/- would be levied in case the petitioner is found guilty. 3. As to what are the terms on which the party should settle their dispute is not a matter for this Court to examine nor can this Court interfere with the terms of the compromise. It is ultimately an agreement, terms of which ought to have been agreed by both the parties. In that light of the matter, we do no find any merit in this petition and the petition is therefore summarily dismissed with no order as to costs. [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 2 14. wp 159-11.doc 3