1 1939.11-wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO. 1939 OF 2011 Hanif I. Chauhan. ... Petitioner. V/s. State of Maharashtra and another. ... Respondents. O.A.Siddiqui for the petitioner. A.S.Shitole, APP for the State. Lalit Pagare for respondent No.2. CORAM: B.R.GAVAI, J. DATED : 14th July 2011. P.C. : Rule. Rule is made returnable forthwith. Heard finally by consent of parties. 2. By way of present petition, the petitioner prays for quashing of Criminal Case No.1559/P/1993 pending before Metropolitan Magistrate at Andheri 3. The aforesaid Criminal Case arise out of C.R.No.369/1993 which was registered at the instance of present petitioner. However, the matter has now been settled between the parties. The complainant himself does not wish to prosecute the complaint. In his affidavit, which has been placed on record, the complainant has stated that he withdraws all the allegations against the accused. 2 1939.11-wp 4. It can, thus, be seen that the matter has been amicably settled between the parties. An affidavit on behalf of petitioner- complainant is also filed reiterating settlement between the parties. From the perusal of the complaint it would reveal that the allegations are totally personal in nature. There is no element of public law involved in the crime. 5. In view of the law laid down by the Apex Court in the case of Madan Mohan Abbot v.. State of Punjab, (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 interests of justice the criminal proceedings are required to be quashed. However, at the same time, the costs need to be saddled on the parties for setting in motion the police machinery for settling their dispute. 6. Rule is made absolute in terms of prayer clause (b). 7. Needless to mention that since the proceedings stand quashed, respondent No.2- accused be released forthwith, if not required in connection with any other crime. C.C.expedited. (B.R.GAVAI, J.)