-: 1 :- apl-1045 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPL. NO. 1045 OF 2011 Mohammed Hussein Merchant & Ors. ..Applicants. Versus State of Maharashtra & Anr. ..Respondents. Ms. Sonal V. Parab i/b M/s. Rajeev Sawant & Associates for the Applicants. Mr. S. V. Marwadi for R-2. Ms. S. V. Gajare, APP. Coram : RANJIT MORE, J. Date : December 1, 2011. P. C. : 1. Rule. Rule is made returnable forthwith. By consent of parties, taken up for hearing. 2. By the present application, the Applicants have prayed for quashing and setting aside the proceedings of CC.No. 853/PW/ 2006, pending before the Metropolitan Magistrate, 26th Court at Borivali, Mumbai for the alleged offences punishable under sections 406 and 420 of IPC against the Applicants filed at the instance of Respondent no.2. 3. Respondent no.2 filed above said complaint for the offences mentioned above against the Applicants. Initially order under section 156(2) of Cr.P.C. was passed by the Magistrate and C.R. was registered and after investigation srp -: 2 :- apl-1045 police have filed charge sheet in the Court. 4. The Applicants and respondent no.2 have now settled their dispute amicably. Respondent no.2, i.e., the Complainant has filed an affidavit re-iterating the same and stated that he has no objection if the criminal proceedings are quashed and set aside. Respondent no.2 is personally present in the Court. On query, he states that he has read and understood the said affidavit. 5. In view of the above, it is clear that the parties have settled their dispute amicably. From the perusal of complaint it would reveal that the allegations made therein are personal in nature and 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 aforesaid criminal proceeding 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 aforesaid criminal proceeding is 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 -: 3 :- apl-1045 setting their dispute. 7. Rule is therefore made absolute in terms of prayer clause (a), however, subject to costs quantified at Rs.5,000/-. Costs to be paid by the Applicant 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 three weeks from today and receipt thereof be placed on the record of the present matter. 8. If any applications are taken out by either of the parties in this Application, in view of the disposal of main Application, same do not survive and same are therefore disposed of. (RANJIT MORE, J.)