13. cr wp 2119-09.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2119 OF 2009 Divakar Madhusudan Gavaskar & Anr. .. Petitioners Vs The State of Maharashtra & Ors .. Respondents Mr. Kunal Vajani i/b M/s. Wadia Ghandy & Co for the Petitioners Ms. Seema Rawade for Respondent No. 2 Ms. U.V. Kejariwal, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 23rd SEPTEMBER,2010. P.C.: 1. Heard learned advocate for the petitioners-original accused nos. 1 and 2, learned advocate for respondent no. 2-BMC and learned APP for the State. 2. The petitioners are seeking quashing of Case No. 967/Summons/2008 filed by Respondent no. 2-Inspector, Shops and Establishments before the Special Metropolitan Magistrate (Morning Court) Andheri (E). The said case is under Section 8 read Rules 20(1), 20(5) of the Bombay Shops and Establishments Act. 3. Learned advocate for the petitioner states that after the 1 13. cr wp 2119-09.doc petition came to be filed, they come to know that respondent no. 2-BMC i.e original complainant has preferred application before the Magistrate praying therein that they be allowed to withdraw the complaint in respect of the present petitioners. The learned advocate for respondent no. 2-BMC admits this fact. In view of the application preferred by respondent no. 2-BMC before the Magistrate, in my view, case is made out for quashing of case no. 967/Summons/2008 and the proceedings relating thereto. 4. Hence, the Case No. 967/SS/2008 and the proceedings relating thereto are quashed. 5. It is made clear that the proceedings are quashed only in respect of the present petitioners and it will go on in respect of other accused. [SMT. V.K. TAHILRAMANI, J.] 2 13. cr wp 2119-09.doc 3