Ndm 1 wp.75.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 75 OF 2009 Ansari Abdul Kadir Jumman and ors. ... PETITIONERS Vs. Ansari Zianul Abdeen Abdul Shakoor and anr. ... RESPONDENTS -------------- Ms. Pooja Bhojane, Advocate for Petitioners. Mr. Anwar Landge i/b Mr. Amin Solkar, Advocate for Respondent No.1. Ms. M.H. Mhatre, APP for State. -------------- CORAM : S.A. BOBDE, J. DATE : 18 th September, 2009. P.C. 1 The Petitioners have challenged the issue of process in respect of the offence of defamation on the complaint of the respondents. During the course of the proceedings the parties have settled the dispute between themselves. The petitioners have thus filed an affidavit stating that they tender an unconditional apology to the respondent No.1 and that the paragraph in the letter in respect of which the grievance is made stands withdrawn. They have Ndm 2 wp.75.09.sxw further stated that they will bear the expenses of the litigation and shall not burden the Society. The respondent No.1 appeared in this Court and has stated that he is agreeable for quashing of prosecution in view of the affidavit filed by the petitioners. He has further stated that the settlement has been entered into of his own free will and volition without any undue pressure. The learned counsel for the respondent No.1 join the prayer for quashing. 2 In the circumstances, I consider it appropriate to allow this application in terms of prayer clause ( b ), which reads as under : “b. This Hon’ble Court be pleased to call for the records and proceedings pending in the file of learned Metropolitan Magistrate, 25 th Court, Mazgaon, Mumbai in C.C. No. 5525 of 2008 and after examining the legality, validity and propriety of the impugned Order dated 10.11.2008 further be pleased to quash and set aside the same.” 3 Order accordingly. [ S.A. BOBDE, J ]