1 wp596.09-1798.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 596 of 2009 WITH Criminal Writ Petition No. 1798 of 2011 Miss Lily Bahadur Jassawalla ...Petitioner v/s. The State of Maharashtra & anr. ...Respondents Mr. Ghanshyam Upadhayay for the petitioner. Mr. Mihir Gheewala i/b. Ganesh Sovani & Manoj Patil for the respondent. Mr. S.S. Pednekar-APP for the State. CORAM: B.R. GAVAI, J. 12th July, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. Criminal Writ Petition No. 596/2009 has been filed for quashing the criminal proceedings being CC No. 225/P/2002 pending before the learned Metropolitan Magistrate, Andheri. Criminal Writ Petition No. 1793/2011 has been filed for quashing the criminal proceedings in CC No. 357/Misc/2009. 2. Both these proceedings arise at the instance of respondent no.2. It is the contention of the respondent no.2 that the present applicant had duped the husband of the complainant by an amount of Rs. 2,50,000/-. 3. Taking into consideration the fact that the Complainant is 76 years old, the parties were suggested to explore the possibility of amicable settlement. Accordingly, the parties have decided to amicably settle the matter. An affidavit has been filed on behalf of the petitioner. In the affidavit she has stated that she is willing to pay an amount of Rs. 3 lacs to the respondent- 2 wp596.09-1798.sxw complainant towards settlement of the dues of the Complainant. The Complainant who is personally present in the Court has also agreed to settle the matter by taking an amount of Rs. 3 lacs. The Complainant has further stated that an amount of Rs. 1 lac is being paid immediately by the demand draft. She has further undertaken to this Court that she will pay a balance amount of Rs. 2 lacs within a period of three months from today. She has further undertaken that on failure to make the payment of Rs. 2 lacs within three months, she will be liable for being proceeded with under the provisions of Contempt of Court Act. The said statements in the affidavit are treated as undertaking to this Court and accepted. The said affidavit is taken on record and marked X for identification. 4. 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. 5. 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. 6. Rule is, therefore, made absolute in terms of prayer clause (a) in both the petitions. (B.R. GAVAI, J)