WP.439-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 439 OF 2010 Vincent D’Souza & Anr. ...Petitioners Vs. Stat of Maharashtra & Anr. ...Respondents *** Mr. Junaid Shabwany, for the Petitioners. Mr. J. P. Kharge, APP for Respondent No.1. Mr. Rajendra Rathod i/b Mr. O. A. Siddiqui & Shover Mukri, for the Respondent No.2. *** CORAM: V. M. KANADE J. DATE : AUGUST 12, 2010 P.C. . Heard. Both the parties have settled the dispute. By an order dated 7th April, 2010 an ad-interim relief was granted in terms of prayer clauses (b) & (c). A copy of memorandum of understanding is annexed at Exhibit ‘B’ to the petition. Pursuant to the interim order passed by this Court, an amount of Rs.94.66 lacs having been paid to respondent No.2, it is submitted that therefore, the terms and conditions of the WP.439-10 - 2 - memorandum of understanding have been complied with by both the parties. Since the dispute between the parties is a personal one, there is no impediment for quashing the said complaint, in view of the judgment of the Supreme Court in the case of – Madan Mohan Abhot Vs. State of Punjab [AIR 2008 SC 1969], petition is therefore allowed, and the FIR registered vide C. R. No. 409 of 2009, dated 11-11-2009, with the Amboli Police Station and currently being investigated by EOW, CID, Unit III, Mumbai vide C.R. No. 65 of 2009 against the present petitioners is quashed and set aside. The articles seized by EOW, CID, Unit III, Mumbai be returned to the respective parties to the petition. . Writ petition is accordingly disposed of in above terms. [ V. M. KANADE J.]