1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3760 OF 2009 M/s. Kandukuri Garments Pvt. Ltd. ..Applicant versus M/s. Kewal Kiran Clothing Ltd. & Anr. ..Respondents Mr. U. N. Tripathi for Applicant. Mr. Jitendra Kewalchand Mallesha – Executive Merchandiser of the Respondent No. 1 present in person. Mrs. P. P. Bhosale – APP for State. CORAM : S. A. BOBDE, J. DATED : 10TH SEPTEMBER, 2009. P.C. : 1. The learned counsel for the applicant states that the dispute has been settled between the parties and in the circumstances the proceedings being MECR No. 05 of 2009 registered with the L. T. Marg Police Station, Mumbai, and C.C. No. 106/SW/2008 pending before the Ld. Additional Chief Metropolitan Magistrate, 47th Court, Mumbai, be quashed and set aside 2. Prosecution was launched under Sections 101, 104 of the Trade Marks Act and under Sections 51 and 63 of the Copy Right Act. The respondent – company has filed an affidavit accepting the settlement and 2 has joined the prayer for quashing the proceeding. They have filed an affidavit through Authorized Signatory Mr. Jitendra Kewalchand Mallesha – Executive Merchandiser, who appears and states that he has been authorized by the company on the basis of a letter of authority in his possession to settle the matter and appear in the proceedings. 3. Having regard to the dispute, which is personal in nature 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 of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to allow this Application in terms of prayer clause (a ), which reads as follows: “ This Hon’ble Court be pleased to quash and set aside the proceedings being MECR No. 05 of 2009 registered with the L. T. Marg Police Station, Mumbai, and C.C. No. 106/SW/2008 pending before the Ld. Addl. Chief Metropolitan Magistrate, 47th Court, Mumbai;” 4. Order accordingly. (S. A. BOBDE, J.)