1 308911 vgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3089 OF 2011 Nemichand S/o. Kevalchand Shah & Anr. ...Petitioners V/s. The State of Maharashtra & Anr. ...Respondents Ms. Seema Gupta i/by Mr. A.M. Saraogi for the Petitioners Mrs. M.M. Deshmukh, A.P.P., for Respondent No. 1 Mr. Ashok Dhanuka for Respondent No. 2 CORAM: A.M. KHANWILKAR AND P.D. KODE, JJ DATE: OCTOBER 19, 2011. P.C.:- Rule. Rule is made returnable forthwith by consent. The learned A.P.P. for respondent No. 1 and Mr. Ashok Dhanuka for respondent No. 2 waive service. 2. As short question is involved, the petition is taken up forthwith for final disposal. 2 308911 3. By this petition under Article 226 of the Constitution of India, it is prayed that F.I.R. No. 198 of 2004 registered with Vile Parle Police Station for offence under Sections 454 and 380 and 34 of the Indian Penal Code be quashed. During the pendency of the case registered on the basis of the aforesaid F.I.R. being Case No. 176/PW of 2006 in the Court of the Metropolitan Magistrate’s 10th Court at Andheri, Mumbai, the parties have amicably resolved all their differences. The complainant had entrusted certain goods to the petitioners. The petitioners had shifted those goods to some other place, from where, the same have been, later on, handed over to the complainant. However, the complainant was under the mistaken belief that the petitioners have misappropriated the said goods. 4. Since the differences have been resolved between the parties, and the complainant is not interested in pursuing criminal action against the petitioners, coupled with the fact that the transaction in question was essentially a private one, and quashing of F.I.R. will have no impact on public policy as such, we accede to the request of the petitioners, and allow the petition in terms of prayer clause (a). P.D. KODE, J. A.M. KHANWILKAR, J.