1 (APPLN 4030/10) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4030 OF 2010 Mr Umesh Shah .... Applicant. v/s Mr. Balbachhan Yadav and anr. .... Respondents. Mr. M.K. Kocharekar for the applicant. Mr. M.D. Mali for Respondent No.1. Mr. P.S. Hingorani, APP for the State. CORAM: V. M. KANADE, J. DATE : 27th September, 2010 P.C.:- 1. Heard the learned Counsel for the applicant and the learned Counsel for the original complainant i.e respondent No.1 herein and the learned APP for the State. 2. This application is filed for quashing the criminal complaint filed by Respondent No.1 for the offence punishable under sections 406 and 420 of the Indian Penal Code, pending in the court of learned Chief Metropolitan Magistrate, Esplanade Court, Mumbai. 3. Applicant and Respondent No.1 herein have filed the 2 (APPLN 4030/10) consent terms which have been signed by them and by their respective advocate. Both applicant and Respondent No.1 are present in Court. Respondent No.1 has stated in the Consent Terms that he does not wish to pursue the said complaint as the dispute between the parties has been settled. The complaint filed by respondent No.1 is pertaining to the goods sold and delivered to the applicant. The dispute, therefore, is a personal one between the parties and in view of the judgments of the Supreme Court in B.S. Joshi vs. State of Haryana1 and in Jagdish Chanana & Ors. vs. State of Haryana2, there is no reason why this complaint should not be quashed on account of settlement between the parties. Accordingly, application is allowed in terms of prayer clause (a). (V.M. KANADE, J.) 1 AIR 2003 SC 1386 2 AIR 2008 SC 1968 3 (APPLN 4030/10) (V.M. KANADE, J.) 4 (APPLN 4030/10)