-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.WRIT PETITION NO. 2765 OF 2008 Mr. Prithviraj Champalal Bafna .. Petitioner. V/s. The State of Maharashtra & Anr. .. Respondents. --- Mr. A.M.Saraogi for the Petitioner. Mr. J.P.Yagnik, APP for the Respondent-State. Mr. Shriniwas Singh for the original Complainant. ----- CORAM CORAM CORAM : V.R. KINGAONKAR, J. : V.R. KINGAONKAR, J. : V.R. KINGAONKAR, J. (Vacation Court) DATED DATED DATED : 26th DECEMBER,2008. : 26th DECEMBER,2008. : 26th DECEMBER,2008. P.C.: P.C.: P.C.: 1. This application is filed under section 482 of the Cr.P.C. for quashing of the criminal case no. 114/PW of 2005, pending on the file of the learned 37th Additional Metropolitan Magistrate’s Court at Esplanade, Mumbai. 2. Heard learned Advocate Mr.Saraogi, appearing for the petitioner and learned Advocate Shri Shriniwas Singh appearing for the complainant, respondent no.2 and the learned APP for the respondent no.1/ State. -: 2 :- 3. The learned advocates for the parties and the learned APP would submit that when the complainant does not wish to proceed with the criminal trial it will be a redundant formality to keep the matter pending. The learned APP has no objection for quashing of the criminal case as the same is settled between the complainant and the accused. 4. FIR was lodged by the respondent no.2 on 29th May, 2003. It appears that the applicant allegedly indulged in the sale of wrist watches by using the trade mark of the respondent no.2. In other words, the spurious goods were being sold and therefore, the criminal action was taken. 5. Considering the fact that the complainant and the accused have settled the matter, it is explicit that the trial is unlikely to be fruit bearing. It would be futile, therefore, to allow continuation of the trial inasmuch as it will cause wastage of judicial time and the time of the parties and the witnesses. It appears, prima facie, that such a trial is required to be quashed, having regard to the further development. The respondent no.2 is ready to file written pursis in this court today itself to the effect that he has no further grievance and criminal case may be quashed. If such pursis is filed today and if applicant files an undertaking to the effect that no such -: 3 :- spurious /fake goods will be sold any more then criminal case No. 114/PW of 2005 pending before the Metropolitan Magistrate’s Court be deemed as quashed. 6. With the above direction, the petition is disposed of. (V.R. KINGAONKAR, J. ) .....