1 334810 IN THE HIGH COURT OF JUDICATURE AT BOMBAY vgm CRIMINAL APELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3348 OF 2010 Premabai Laxman Shenoy & Anr. ...Petitioners V/s. State of Maharashtra & Ors. ...Respondents Ms. S.D. Khot with Mr. O.P. Dubey and Ms. Ameeta Kuttikrishnan for the Petitioners Mr. P.S. Hingorani, A.P.P., for Respondent No. 1 Ms. Bharti Bheda i/by M/s. S. Ashwinkumar & Co. for Respondent No. 2 Mr. Vivekanand Gupta for Respondent No. 3 CORAM: A.M. KHANWILKAR AND P.D. KODE, JJ. DATE: 23RD SEPTEMBER, 2011 P.C.:- The petitioners have handed over Demand Draft drawn in favour of respondent No. 2 for amount as agreed between the parties and indicated in orders dated August 11 and September 8, 2011. The same has been accepted by respondent No. 2. 2 334810 2. By this petition, it is prayed that the criminal case registered as C.R. No. 210/2010 by Nirmal Nagar Police Station, Mumbai, and transferred to Economic Offences Wing and registered as C.R. No. 57/ 2010 be quashed and set aside. The said complaint is registered at the instance of respondent No.2 for offence punishable under Sections 420 and 34 of the Indian Penal Code. The dispute was, essentially, in respect of some business transaction between the parties, which led to the filing of the complaint. 3. The parties have amicably resolved all their differences, and the petitioners have already paid the amount due and payable to respondent No. 2. In the light of this development, respondent No. 2 has no intention to proceed with the criminal action against the petitioners herein. The learned A.P.P., on instructions of the Investigating Officer, Mr. Prakash Fakira Chavan, P.I., E.O.W.-II, C.B., C.I.D., Mumbai, who is present in Court, states that no other offence is reported or pending investigation against the petitioners herein. 4. In this view of the matter, we are inclined to accede to the request of the petitioners of quashing the criminal action registered and 3 334810 pending against them. We are inclined to do so, as the criminal action is the outcome of dispute arising between the petitioners and respondent No.2 out of business transaction, which has now been amicably resolved between the private parties. It will have no impact on public policy as such. 5. In the interest of justice, therefore, this petition deserves to be, and is, allowed in terms of prayer clause 23) (a) of the petition. 6. At the same time, we place on record the assurance given by the petitioners as well as the statement made before the Court, through their counsel, that they withdraw all allegations made against respondent No. 2 or his advocate as well as the police officers, on clear understanding that the said parties would not precipitate the matter against the petitioners herein. The learned A.P.P., on instructions of the Investigating Officer, submits that the police officers have no intention to pursue the allegations made by the petitioners against the police officers or against any other person, as is noted in the orders dated August 11 and September 8, 2011. 4 334810 7. Office to forthwith send a copy of this order to the appropriate Authority to bring this matter to its notice, where the enquiry against the police officers is reportedly pending. P.D. KODE, J. A.M. KHANWILKAR, J.