SSM 1 apl.45.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 45 OF 2011 Devendra Omkarnath Mishra .... Applicant VERSUS The State of Maharashtra and another .... Respondents Mr. A. K. Dube, Advocate for the Applicant. Mr. Ashish Dubey, Advocate for Respondent No. 2. Mrs. U. V. Kezriwal, APP for the State. CORAM: SMT. R. P. SONDURBALDOTA J. DATED: JANUARY 28, 2011. P.C.: This application is filed for quashing the complaint lodged vide Crime. No. 444 of 2010 against the accused punishable under Section 408 of I.P.C. in Matunga Police Station by the Respondent No. 2. 2. Both the Counsel state that the dispute in the said SSM 2 apl.45.11 complaint has been settled between the parties. Respondent No. 2 has filed a affidavit on 13 th January, 2011 to that effect. 3. The affidavit shows that the Applicant was her employee. On 9 th November, 2010 he was deputed to drop certain books and other materials to the customer and to collect money from that customer. On completion of the assignment he did not return. Another employee informed Respondent No. 2 that after delivery of books and other materials, the applicant had gone to his native place. It appears that subsequently the applicant met Respondent No. 2 and explained the facts regarding his absence from duty. He has also returned the mobile handset given to him and Rs.10,000/- against the value of the articles delivered. In these circumstances, no fruitful purpose will be served by continuing with the complaint. Hence the application is allowed in terms of Prayer Clause (a). (SMT. R. P. SONDURBALDOTA J.)