1 apl.301.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Application No. 301 of 2011 Junaid Syed Akbar ....Applicant v/s. State of Maharashtra & anr. ....Respondents Mr. S. Venkateshwar & Javed Dhorajiwala for the applicant. Mr. Ravi Mishra for respondent no.2. Mr. A.S. Shitole-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. The petitioner is praying for quashing the FIR registered by Crime No. 166/2011 for the offence punishable under Section 406, 420, 500, 34 of IPC and 66(a) and (d) of the Information Technology Act. 3. The FIR came to be registered on the basis of the complaint of the respondent no. 2 alleging therein that the petitioner who was an employee in the company of the respondent no. 2 had sent a false email to one of the client of the complainant. 4. The parties had settled the matter. The respondent no.2 Complainant is present in the Court. He reiterates the same. The consent terms are also placed on record. 2 apl.301.11.sxw 5. It can, thus, be seen that the matter has been amicably settled between the parties. Consent terms are also placed on record. 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 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 clause (a), however, subject to costs quantified in the sum of Rs. 10,000/-. 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)