1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2343 OF 2007 S.K.Malik and another Applicants versus Rajan Gulrajani and others Respondents Mr.P.D.Desai with Rupesh Mandhare for applicants. Ms.M.R.Bhagwat i/by J.J.Thakkar for respondent nos.1 and 2. CORAM : RANJIT MORE, J. DATE : 16th December 2011 PC : 1. Rule. Rule made forthwith. Heard finally by consent of parties. 2. By present application the applicants seek quashing of order passed by learned Sessions Judge dated 14th December 2006 and further seek to dismiss Case No.368/SS/2005 filed under sections 441, 379, 380, 381, 141, 143, 149, 339, 341, 349, 350, 352, 390, 392, 411, 410, 425, 427, 442, 444, 447, 448, 451, 452, 453, 454 and 455 of Indian Penal Code read with sections 7, 15 and 16 of Maharashtra Rent Control Act, pending on the file of Additional Chief Metropolitan Magistrate, 40th Court, at Girgaum. 3. The respondent no.1 herein has filed an affidavit for himself and on behalf of respondent no.2 on 14th November 2011 in this application. It is stated that the civil suit filed by respondent nos.1 and 2 herein against the applicants herein has been settled amicably and the said suit stands disposed of. The applicants and respondents to this application have also decided to compound the offence and quash the criminal proceedings. It is stated that they have no objection if criminal proceedings under Case 2 No.368/SS/2005 are quashed and set aside. 4. The applicant no.1 as well as respondent nos.1 and 2 are present in Court. On making query they submit that the civil disputes are amicably settled and they have no objection if criminal proceedings are quashed. 5. It can be thus 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 Vs. 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) of the application, however, subject to costs quantified in the sum of Rs.5,000/-. Costs to be paid by the applicants 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 present application. (RANJIT MORE, J.)