SM 1 901.wp.714.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 714 OF 2011 Nurruddin Ismail Quereshi ....Petitioners Versus The State of Maharashtra and another ....Respondents ____________ Mr. C. K. Talekar for the Petitioner. Smt. Aashma Shaikh for the Respondent No. 2. Ms. A. T. Jhaveri, APP for the Respondent-State. CORAM: B. R. GAVAI, J. DATED : 15 TH JULY, 2011. P.C.: Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present Petition, the Petitioners are praying for quashing complaint being case No. 36/P/2008 arising out of the C. R. No. 263 of 2008 of Oshiwara police station. 3. The aforesaid criminal proceedings are initiated at the instance of Respondent No. 2, on the allegation that her grandson Soheb was kidnapped by the Applicant. 4. An affidavit has been filed on behalf of the Respondent No. 2 stating therein that the complaint was filed by her, on the misunderstanding that her grandson kidnapped by the Accused. She has stated that the custody of the said child is with her. SM 2 901.wp.714.11 5. In veiw of the law laid down by the Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab, reported in (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 interest 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. 6. Rule is made absolute in terms of prayer clause (a). (B. R. GAVAI, J.)