1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3201 OF 2011 Chirag Tejraj Bokaria and another Petitioners versus The State of Maharashtra Respondent Mr.Milon Desai i/by S.S.Vichare for petitioners. Mr.A.S.Shitole, APP for State. CORAM : R.V.MORE, J. DATE : 16th November 2011 PC : 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. This petition is filed jointly by the accused and the complainant for quashing the criminal proceedings in C.C.No.544/PS/2010 pending on the file of learned Metropolitan Magistrate, 34th Court, Vikroli, Mumbai for the offences punishable under sections 354 and 506 of the Indian Penal Code. 3. The aforesaid crime came to be registered at the instance of petitioner no.2 on the allegation that petitioner no.1-accused had outraged the modesty of petitioner no.2. 4. The matter is now amicably settled between the parties and they have filed present writ petition jointly seeking to quash the 2 criminal proceedings laminating from the crime referred above. Both the petitioners along with their fathers are present in the Court. Upon query they state that they have gone through the contents of the petition and understood the same. The petitioner no.2 has no objection for quashing the criminal proceedings against the petitioner no.1. The father of petitioner no.2 also has no objection to quash the criminal proceedings. From the perusal of the complaint it reveals that the allegations made are of personal 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 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 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. 6. Rule is, thus, made absolute in terms of prayer clause (a). The costs quantified at Rs.3,000/- (Rs.Three thousand only) to be paid by the accused-petitioner no.1 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 record of the present writ petition. (R.V.MORE, J.)