PRAMOD KUMAR VASANT TRIMBAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the 2nd respondent. We have heard learned APP for the State. Rule. The concerned respondents waive service. Taken up forthwith for final hearing. The petitioner, who is arraigned as accused No. 4, has prayed for quashing and setting aside the proceedings on the basis of C.R. No. 92 of 2009 registered with Santacruz Police Station for the offences under Sections 465,420,511 read with Section 34 of the Indian Penal Code.

(2.) The learned Counsel appearing for the petitioner pointed out that the 2nd respondent lodged the report in his capacity as the Director of Housing Development Infrastructure Ltd. (HDIL) as is clear from the complaint on the basis of which offence was registered. He invited our attention to the order passed by the Apex Court on 27th September 2010 in Civil Appeal No. 9460 of 2010 filed by HDIL to which accused No. 1 was the first respondent. He pointed out the consent terms filed before the Apex Court, and in particular, clause 11 thereof in which it is recorded that the appellant and respondent Nos. 2(a) to 8 before the Apex Court shall not take any steps to pursue or prosecute any legal proceedings which may have been initiated by them or any of them against respondent No. 1 or respondent No. 17 in relation to the Deed of Conveyance dated 20th November, 1979 unless compelled in law or by any Court or authority competent in this regard. Our attention has also been invited to clause 5 of the order passed by the Apex Court. The learned Counsel appearing for the petitioner, therefore, submitted that in view of the solemn assurance given by HDIL, now the prosecution cannot continue.

(3.) The learned Counsel appearing for the 2nd respondent stated that in view of the settlement reached between the parties before the Apex Court, the 2nd respondent has agreed not to pursue criminal complaint filed against 1st accused. The learned Counsel appearing for the 2nd respondent states that in view of the order of the Apex Court, he does not desire to pursue the FIR as against the petitioner and other accused. The learned APP has submitted that investigation has been completed, charge sheet has been filed and therefore no interference can be made.