1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4313 OF 2008 Anil R. Bathija & Anr. ..Applicants versus Vijay R. Bathija & Anr. ..Respondents Mr. Rajesh G. Singh i/b. Mr. Subodh Desai for Applicants. Mr. Jahangir Khajotia for Respondent No. 1. Mrs. R. V. Newton – APP for State. CORAM : S. A. BOBDE, J. DATED : 10TH AUGUST, 2009. P.C. : 1. This is a prosecution under Section 406 read with Section 34 of the Indian Penal Code. Parties state that they have entered into consent terms as a result of which the applicant No.1 has withdrawn proceedings under Section 138 of the Negotiable Instruments Act. The applicants have also withdrawn Civil Suit No. 3241 of 2008 pending before this court, today. 2. Having regard to the dispute, which is essentially a dispute interse between the parties in which the public at large is not involved and having regard to the law laid down in the case of Madan Mohan Abbot vs. State 2 of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to quash and set aside the prosecution. In the result, Application is allowed in terms of prayer clause (b), which reads as follows: “That this Hon’ble Court be pleased to quash and set aside the Complaint being C.C. No. 25/SW/2007 pending before the Learned Addl. Chief Metropolitan Magistrate, 9th Court, Bandra, Mumbai and the order issuing process dated 26.7.2007 issued therein along with order dated 21st October, 2008 passed by the Ld. Addl. Sessions Judge, Mumbai in Criminal Revision Application No. 473 of 2008.” (S. A. BOBDE, J.)