Kps 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.583/2009 Mavji Hirji Gala & others. ...Petitioners V/s The State of Maharashtra & another. ...Respondents. ............. Mr.S.J.Chaurasia i/b M/s Ashoka Law Firm, for the Petitioners. Mr.Y.M.Nakhawa, APP for the State. Mr.Chougule, Advocate for the Respondent No.2. ............. CORAM : A.S.OKA, J. Dated :- 06th May, 2009 JUDGMENT :- 1 Rule. 2 The learned APP waives service for the first Respondent. The learned Advocate for the second Respondent waives service. Considering the controversy involved, immediately taken up for final disposal. 3 The prayer in this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is for quashing the proceedings on the basis of the First Information Report lodged by the second Respondent. The second Respondent alleged commission of offences under Sections 406, 420, 467, 468 and 471 read with 34 of the Indian Penal Code. The offence was registered on the basis of the order passed under Section 156(3) of the Code of Criminal Procedure, 1973 on a private complaint filed by the second Respondent. 4 A prayer for quashing the proceedings is made on the basis of settlement between the Petitioners and the second Respondent. The second Respondent is supporting the prayer made in the petition and accordingly, an affidavit of the second Respondent is tendered today which is taken on record. Kps 2 5 Perusal of the complaint filed by the second Respondent shows that the dispute between the parties relates to the commercial transaction between them. There was a civil suit pending regarding the said transaction. In the affidavit of the second Respondent, it is stated that there is a complete settlement between the parties and even the said civil suit has been withdrawn by the second Respondent. 6 The dispute arising out of commercial transaction led to the second Respondent filing the complaint. In view of the overall settlement, no purpose will be served by continuing the criminal proceedings. This is a fit case to exercise powers under Section 482 of the Code of Criminal Procedure, 1973. Hence, I pass the following order:- (i) Rule is made absolute in terms of prayer clause (a). (ii)The concerned Court to act on an authenticated copy of this order. JUDGE Kps 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.583/2009 Mavji Hirji Gala & others. ...Petitioners V/s The State of Maharashtra & another. ...Respondents. ............. Mr.S.J.Chaurasia i/b M/s Ashoka Law Firm, for the Petitioners. Mr.Y.M.Nakhawa, APP for the State. Mr.Chougule, Advocate for the Respondent No.2. ............. CORAM : A.S.OKA, J. Dated :- 06th May, 2009 P.C. :- For the reasons separately recorded in the judgment, the following order is passed:- (i) Rule is made absolute in terms of prayer clause (a). (ii) The concerned Court to act on an authenticated copy of this order. JUDGE