IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1931 OF 2009 Miss Bhumika G. Dhakan & Anr. ... Applicants. V/s. Mr. Sagar Bipin Morajia & Anr. . ... Respondents. ----- Sonal Parab i/by R.Sawant & Associates for the Applicants. Mr. S. Kantharia for the Respondent No.1. Miss. A.T. Javeri, APP for State. ----- WITH CRIMINAL APPLICATION NO. 1981 OF 2009 Sagar Bipin Morjaria & Ors. ... Applicants. V/s. Mr. Girish Dhakan @ Soni & Anr. . ... Respondents. ----- Mr. S. Kantharia for the Applicants. Sonal Parab i/by R. Sawant & Associates for the Respondent No.1. Miss. A.T. Javeri, APP for the State. 2 CORAM : A. S. OKA, J. DATED : JUNE 19, 2009 P.C. : 1. Rule in both the applications. Learned counsel for Respondent No.1 in Cri. Application No. 1931/2009 waives service. The learned counsel for the 1st respondent waives service in Cri. Application No. 1981 of 2009. Learned APP waives service for the State of Maharashtra in both the applications. 2. The prayers in these applications under section 482 of the Code of Criminal Procedure are for quashing the criminal proceedings. Criminal Application No. 1931/2009 has been filed for quashing criminal proceedings initiated on the basis of the FIR lodged by the first respondent therein against the applicants, alleging commission offence under section 420 of the Indian Penal Code. 3. Criminal Application No. 1981 of 2009 is filed by the first respondent in Criminal Application No. 1931 of 2009 and for others. A prayer is made in the said application for quashing criminal proceedings initiated on the basis of the FIR lodged by the first respondent in the said criminal application no. 1981 of 2009. The first respondent in criminal application no. 1931 of 2009 3 happens to be the father of the first applicant in Criminal Application No.1931 of 2009. 4. Perusal of the FIR subject matter in Criminal Application No. 1931/2009 shows that the first respondent therein was carrying on business as decorators alongwith his family members. The case made out therein is that the applicants in the said application were employed by the said first respondent in the said business. One of the allegations is that the applicants were removed from employment and thereafter, they started business of decoration and creative designing using the name of National Decorators which belongs to the first respondent. The allegation of the first respondent is that the applicants have cheated him and therefore, the first respondent lodged FIR against the applicants. However, in both the applications the respective first informants have filed affidavits recording that there has been a complete settlement between the parties. 5. The learned APP opposed the prayer made for quashing of the FIR on the ground that in one of the two cases investigation has been complete and the investigating officer was about to file chargesheet. He submitted that after compelling the police machinery to carry out investigation, the first 4 respondent cannot give consent for quashing the FIR and on the basis of the said consent, the proceedings cannot be quashed. 6. I have considered the submissions. Perusal of the FIR in both the cases shows that the dispute between the parties is regarding their business of Decoration. After lodging the first information reports, there is a settlement between the parties. Considering the nature of the allegations made in the FIR, no purpose will be served by continuing the prosecution. In the peculiar facts, a case is made out to exercise of powers under section 482 of the Code of the Criminal Procedure, 1973. Hence, I pass following order : i. Rule is made absolute in terms of prayer clause (b) in both the applications. ii All the concerned parties to act on an authenticated copy of this order, duly issued by the Registry. (A.S. OKA,J.)