1 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO. 715 OF 2011 Mr.Ramjeevan B. Bagadia ... Petitioner Versus State of Maharashtra ... Respondent Mr. Mahesh Vaswani, Advocate for the petitioner. Mr. Rajesh More, A.P.P. for State. Mr. Himanshu Kode, Advocate for respondent no. 3. CORAM : K.U. CHANDIWAL,J. DATED : SEPTEMBER 15, 2011 P.C. Heard the counsel for the accused/applicant and the original complainant. Perused the report filed by the the investigator who is present in the court. The affidavit again is tendered by the complainant (respondent herein) reinforcing her assertion of filing identical affidavit before the learned Metropolitan Magistrate informing the court that she has settled 2 all her scores with the accused/applicant, she has received the lost articles, the other disputes are settled, she does not desire to prosecute C.R. No 470 of 2011 and consequent criminal case giving rise to the chargesheet. The parties had made identical request to the learned Judge and the leaned Judge by his order recorded below Exh. 3 rejected the application as the chargesheet is for the offence punishable under section 484, 320 of I.PC. the value of stolen property is upto Rs. 1,86,000/- an the offence is not compoundable under section 320 of Cr.P.C. He also slapped the cost of Rs. 2,000/- by order dated 28.12.2010. The parties also inform that the value of the cash seized by the police in the said case being Case No. 2441/PW/2010 arising out of C.R. No. 470 of 2010 dated 31.10.2010 has to be received and claim by the petitioner (original accused) in which respondent (original complainant) has recorded her no objection. Considering all the facts, the proceedings filed being Case No 2441/PW/210 pending on the file of learned Metropolitan Magistrate, 24th Court, Borivali including C.R. No. 470 of 2010 filed with Malad Police station is quashed and set aside by exercise of powers under 3 section 482 of Cr.PC. This is more so as the respondent/complainant has settled scores and desires to live peacefully as she also being the senior citizen. The property referred to in the panchanama indicated in prayer clause (b) returned to the person from whom it was taken by the police which is stated in the respective panchanamas, under a bond. (K.U. CHANDIWAL,J.)