1 655.11-apl-- IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL APPLICATION NO. 655 OF 2011 Nitesh Mahendrakumar Shah and others. ... Applicants. V/s. State of Maharashtra and another. ... Respondents. WITH CRIMINAL WRIT PETITION NO. 636 OF 2011 Shri Narpat Reda Valvi. ... Petitioner. V/s. State of Maharashtra and another. ... Respondents. Prasad Borkar for the applicants/petitioner. Y.M.Nakhwa, APP for the State. Ganesh Bhujbal for respondent No.2. CORAM: B.R.GAVAI, J. DATED : 4th August 2011. P.C. : Rule. Rule is made returnable forthwith. Heard finally by consent of parties. 2. By this application and petition, the applicants/petitioner seek to quash Criminal Complaint No.1110/PW/2010 pending before learned Chief Metropolitan Magistrate arising out of C.R.No.38/2009. 2 655.11-apl-- 3. The F.I.R. in question came to be registered at the instance of respondent No.2 alleging therein that one Smt.Parinda Zilla and Smt.Gazal Zilla taking advantage of ill health of the brother of the complainant, namely, Shri Pestonjee Dhunjishaw Zilla had taken discharge of the said Pestonjee who was admitted in the hospital, and under coercion got executed the sale- deed of the land of said Pestonjee in favour of M/s.Dosti Developers. It can, thus, be seen that the allegation against the applicant Nos.1 and 2,who are the partners of M/s.Dosti Developers and applicant No.3 who is partner of M/s.Mass Developers that they along with Smt.Parinda Zilla and Smt.Gazal Zilla got the sale-deed executed from Shri Pestonjee under coercion. 4. So far as Writ Petition No.636/2011 is concerned, the applicant therein was working as Sub-Registrar in the office at the Inspector General of Registration and Stamp and the said alleged sale-deed was was executed in his presence. 5. The respondent No.2- complainant is present in the Court and has filed affidavit stating therein that the complainant has no grievance as against the present applicants and the petitioner. 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. 6. 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. 3 655.11-apl-- 7. Rule is, thus, made absolute in terms of prayer clause (a), however, subject to costs quantified in the sum of Rs.25,000/-. Costs to be paid by the applicants in Criminal Application No.655/2011 by drawing demand draft in the name of Police Welfare Fund, Mumbai Police, Mumbai. The said demand draft be deposited with the office of the Public Prosecutor, High Court, Mumbai within a period of two weeks from today and receipt thereof be placed on the record of the present matters. (B.R.GAVAI, J.)