1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4202 OF 2009 Suguna Poultry Farm Ltd. & Ors. ..Applicants versus The State of Maharashtra & Anr. ..Respondents Ms. Gangwani i/b. Mr. Ganesh Gole for Applicants. Mrs. A. A. Mane – APP for State. Mr. Prakash Naik for Respondent No. 2. WITH CRIMINAL APPLICATION NO. 711 OF 2009 Mrs. Seema Mahesh Keni ..Applicant versus Suguna Poultry Farm Ltd. & Anr. ..Respondents Mr. Prakash Naik for Applicant. Ms. Gangwani i/b. Mr. Ganesh Gole for Respondent No. 1. Mrs. A. A. Mane – APP for State. CORAM : S. A. BOBDE, J. DATED : 1ST OCTOBER, 2009. P.C. : 1. These two Applications are for quashing the criminal proceedings in respect of offences alleged against the applicants by the respective 2 respondents. Both the parties to the dispute have prosecuted the other side for alleged offences. 2. The applicants in Application No. 4202 of 2009 are prosecuted under Section 409, 420, 467, 468, 471 r/w 34 of the Indian Penal Code by the respondent No. 2. Respondent No.2 is the applicant in Application No. 711 of 2009 she has prosecuted the applicant No. 1 in Application No. 4202 of 2009 for offence under section 138 of the Negotiable Instruments Act. However, in the meantime the parties have settled the dispute between them and have tendered the consent terms in both the Applications. The consent terms are taken on record and marked as ‘X’ Collectively for identification. 3. The respondents – complainants have appeared in this court and have stated that the settlement between the parties is voluntarily. The learned counsels have prayed for quashing the criminal proceedings filed by the respondents in each of the Applications. 4. Having regard to the dispute, which is personal in nature in which the public at large is not involved and having regard to the law laid down in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to allow Criminal Application No. 4202 of 2009 in terms of 3 prayer clause (a) and Criminal Application No. 711 of 2009 in terms of prayer clause (b), which reads as follows: Criminal Application No. 4202 of 2009 : “ (a) That this Hon’ble Court may kindly quash and set aside the criminal proceedings lodged against the Applicants being Criminal Complaint No. 34 of 2007 (New No. being 84 of 2008) filed in the Court of learned JMFC at Palghar and numbered at M Case No. 1/07 pending in the court of learned JMFC at Palghar;” Criminal Application No. 711 of 2009 : “(b) The impugned order issuing process dated 3.11.2006 passed by the Ld. Judicial Magistrate, First Class, 7th Court Pune in SCC No. 0440005/2006 and the impugned Order dated 2.1.2009 passed by the Ld. Sessions Judge, Pune at Pune in Criminal Revision Application No. 270/2008 may be quashed and set aside;” 5. Order accordingly. (S. A. BOBDE, J.)