SM 1 918.appp.341.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.341 OF 2011 IN CRIMINAL APPLICATION NO. 3361 OF 2007 Shri. Dattatray Anant Patkar ....Applicant Versus Bhanubhai Bhailal Patel and others ....Respondents ____________ Mr. Prakash Naik for the Applicant. Mr. N. Deepaik i/b M/s. N. Deepak & Co. for the Respondents. CORAM: B. R. GAVAI, J. DATED : 22ND JULY, 2011. P.C.: The applicant has prayed for quashing criminal proceeding No. C.C.82 of 1999 pending in the Court of the learned Judicial Magistrate, First Class, Kalyan. 2. The complaint has been filed by the Respondent No. 1 for the offence punishable under Sections 406, 418 and Section 420 of the IPC. It is the allegation of the complainant that the accused had not made payment to one Shri. Balkrishna Kene of whom the respondent/complainant is a Power Of Attorney holder. 3. The matter is now amicably settled between the parties. The respondent no. 1 has filed an Affidavit-in-Reply reiterating the same. The complainant/respondent no. 1 is personally present in the Court and reiterates about the settlement. 4. In veiw of the law laid down by the Apex Court in the case SM 2 918.appp.341.11 of Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, I find that no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. In that view of the matter, I find that in the interest of justice the criminal proceedings are required to be quashed. 5. Rule is made absolute in terms of prayer clause (a). (B. R. GAVAI, J.)