3.crapl-662-11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 662 OF 2011 Shri. Yogesh Mahendrakumar Daiya ..Applicant Vs. State of Maharashtra and Ors. ..Respondents Shri. B.G.Tangsali for applicant Mrs. P.U.Badadare for respondent no.2 Shri. Y.M.Nakhwa Additional Public Prosecutor for the State CORAM : B.R.GAVAI, J. DATE : 11th AUGUST, 2011. P.C.: 1. Rule. Rule made returnable forthwith. Heard with consent of the parties. 2. By way of present application, the applicant has prayed for quashing and setting aside the proceedings in Criminal Case No. 952/PW/2005 arising out of the FIR registered vide CR No. 6 of 2005 registered with Sion Police Station, Mumbai. 3. The FIR in question came to be registered at the instance of the respondent no.2-complainant alleging therein that the accused had cheated him with respect to sale of one Santro 1 3.crapl-662-11.doc Car. 4. The matter has been now amicably settled between the parties. The respondent no.2 has filed an affidavit stating therein that the complaint has been filed out of misunderstanding. He has stated that he does not wish to prosecute the criminal proceedings. The respondent no.2 is personally present in Court and he reiterates the same. 5. In view of the law laid down by the Apex Court in the case of Madan Mohan Abbot v/s. 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. 6. Rule is, thus, made absolute in terms of prayer clauses (a) and (b). [ B.R.GAVAI, J. ] 2