MP 1 App4507_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4507 OF 2010 Mr. Shaukat Ali Khan ... Applicant Versus The State of Maharashtra and another ... Respondents Mr. M. K. Kocharekar i/b. Mr. Rajeev Sawant & Associates for Applicant. Mrs. M. R. Tidke, APP, for the State. Mrs. P. U. Badadare for Respondent No. 2. CORAM : B.R. GAVAI, J. WEDNESDAY, JUNE 08, 2011 P. C. : Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present application, the applicant prays for quashing and setting aside the F.I.R. No. 451 of 2008 registered with Oshiwara Police Station for offences committed under Section 420 of the Indian Penal Code. 3. The F.I.R in question has been registered at the instance of respondent No. 2 herein. 4. The basic allegation of the respondent No. 2 is that though the applicant has agreed to sell Flat No. 7 to him, the accused has not sold the same to the complainant and sold it to someone else thereby cheating the complainant. 5. An affidavit of respondent No. 2 has been filed on record wherein he has stated that the complaint was made by him because of MP 2 App4507_10 inadvertence and misunderstanding. It has been further stated that the matter has been amicably settled and that the respondent has no grievance against the applicant. 6. From the allegations in the complaint, it could be seen that the grievance of the complainant is personal in nature. No element of public law is involved in the matter. In that view of the matter, I find that in view of the law laid down by the Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab reported in (2008) 4 SCC page 582, no purpose would be served by keeping the criminal proceedings pending. It can further be seen that even if the matter is permitted to go for trial, no fruitful purpose would be served, except burdening the Criminal Courts which are already overburdened. 7. In that view of the matter, I find that the interests of justice would be required that the criminal proceedings are quashed. However, at the same time, the costs need to be imposed on the parties for setting in motion the criminal machinery for settling their civil dispute. While allowing the application, the costs of Rs. 10,000/- each are imposed upon the applicant as well as the respondent No. 2. 8. Rule is, therefore, made absolute in terms of prayer clause (a). The applicant as well as the respondent No. 2 shall deposit demand drafts in the sum of Rs. 10,000/- each in the name of Police Welfare Fund, Bombay Police. The said demand draft be deposited with the office of the Public Prosecutor within a period of two weeks from today and the receipt thereof be placed on record of the present matter. (B. R. GAVAI, J)