- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.2846 OF 2009 Bharat M.Shah & ors Applicants vs 1.The State of Maharashtra & anr .. Respondents .. Mr.V.V.Jain for Applicants Mr.S.M.Jain for Respondent no.2 Mr.Y.S.Shinde APP for State CORAM: A.S.OKA, J DATED: 6th July, 2009 P.C.: 1. Heard learned counsel for the applicant. The learned APP waives service for the 1st respondent. The learned counsel waives for 2nd respondent. A complaint was filed at the instance of the 2nd respondent alleging commission of offences under sections 420, 406, 452, 506 (2) and section 120B of IPC. The impugned order was passed under section 156(3) of Code of Criminal Procedure, 1973 (hereinafter referred to as said Code of 1973). Thereafter, FIR was registered. 2. This is an application filed under section 482 of the said Code of 1973 for quashing criminal proceedings as against the applicant on the basis of the settlement arrived at between the parties. The 2nd respondent complainant has filed an affidavit in this application - 2 - stating that he had filed a complaint against the applicant out of misunderstanding and he does not want to proceed against the applicant. 3. My attention has been invited to the judgment and order dated 9th February 2005 passed by this court in Criminal Writ Petition No.412 of 2005. The said writ petition was filed by co-accused in the same case on the same ground of settlement on which the present application is filed. The Division bench quashed the proceedings as against the petitioner before it. 4. For the reasons recorded by the Division Bench in the said order, this application will have to be allowed. Accordingly, I pass the following order : (i) Rule is made absolute in terms of prayer clause (a). (ii) Parties and the concerned court to act on an authenticate copy of this order. (iii) It is clarified that this order is passed only forthe benefit of the applicants in this application. A.S.Oka, J - 3 - - 4 -