1 apl.284.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Application No. 284 of 2011 Mr. Faizzal Abdul Khan ....Applicant v/s. State of Maharashtra & anr. ....Respondents Mr. Shirish Gupte for the applicant. Ms. P.R. Mala for respondent no.2. Mr. S.S. Pednekar-APP for the State. CORAM: B.R. GAVAI, J. 20th June, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By way of present petition, the petitioner prays for quashing the criminal proceedings i.e. criminal case No. 51/2007. The aforesaid case came to be filed at the instance of the complainant by the first informant for the offence punishable under Section 465,467,468,471,420 r/w. 120(b). It was the case of the first informant that the accused by fabricating documents had obtained loan of Rs. 55 lacs from the Complainant. It is the case of the petitioner that accused no. 1 and 2 have purchased the property from the petitioner and had taken the loan from respondent no.2 Bank. It is further submitted that in order 2 apl.284.11.sxw to get away from the criminal proceedings, the petitioners have deposited the amount with Bank. 3. Ms. P.R. Mala, learned Counsel appearing on behalf of respondent no. 2 Bank states that the Bank had received the amount and therefore, the Bank has no objection for quashing the proceedings. The learned Counsel, however, objects the certain allegations made in the complaint against the respondent no. 2. 4. Shri Gupte, the learned Counsel appearing on behalf of petitioner states that the petitioners do not press the said allegations and withdraw the same. 5. It can, thus, be seen that the matter has been amicably settled between the parties. 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/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 3 apl.284.11.sxw 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. 7. Rule is, thus, made absolute in terms of prayer clauses (a) and (b), however, subject to costs quantified in the sum of Rs. 25,000/-. Costs to be paid by the applicant/petitioner 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)