* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.810 OF 2009 ( PREMLATA SHROFF V/S.THE STATE OF MAHARASHTRA & ORS.) ___________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or Court's or Judge's directions and Registrar's orders orders ___________________________________________________________ Mr. Divesh Chambowalla with Mr.Abhijeet Sonawane, Mr.Billimoria ,adv.for applicant. Mr.M.D.Mali, adv.for respondent no.2. , Ms.S.D.Shinde,APP for respondent/State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 13TH MARCH, 2009. P.C. : 1. This application is filed under Section 482 Cr.P.C. for quashing of Criminal Case No.38/SW/07 filed in the court of the learned Metropolitan Magistrate, 38th Court, Ballard Pier, Mumbai initiated at the instance of respondent no.2 for the offences * 2 * punishable under Section 403 and 406 IPC. The applicant seeks quashing of the proceedings on the ground that the transfer of shares by respondent no.2 in the name of the applicant was an erroneous transfer without any dishonest intention. It is contended that, in the settlement between the applicant and respondent no.2 it has been agreed that respondent no.2 will not pursue the criminal proceedings. Respondent no.2 has now filed an affidavit supporting the claim of settlement made in the application. The said affidavit is taken on file Considering the nature of the dispute, it is apparent that the same was personal to the applicant and respondent no.2. In that circumstance, there is no point in continuing with the proceedings which are not likely to end up in conviction. Hence, the application is allowed. Criminal Complaint * 3 * No.38/SW/07 pending in the court of Additional Chief Metropolitan Magistrate, 38th Court,Ballard Pier, Mumbai and the order dated 30th October, 2007 issuing process thereon, are hereby quashed and set aside. [JUDGE]