vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1386 OF 2008 CRIMINAL APPLICATION NO.1386 OF 2008 CRIMINAL APPLICATION NO.1386 OF 2008 Pravin Kamat & Anr. ... Applicants V/s. The State of Maharashtra & Anr. ... Respondents Mr.R.S. Deshpande for Applicants Ms.A.A. Mane, APP, for State Mr.Vinod Kothari for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: MAY 6, 2008 MAY 6, 2008 MAY 6, 2008 P.C.: P.C.: P.C.: . The application has been filed u/s 482 of the CrPC for quashing the proceedings in Criminal case No.497/P/2003 pending before the Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai. 2. The applicants agreed to lease Gala No.8 on leave and licence basis to Respondent No.1 by accepting Rs.20 lacs as security deposit. In 2002, the respondent No.1 terminated the agreement and demanded refund of the security deposit. Since the deposit was not repaid, Respondent No.1 lodged a complaint with Dadar Police Station u/s 406 r/w 34 of the Indian Penal Code. The applicants applied for anticipatory bail which was rejected by the Sessions Court. However, this Court has granted anticipatory bail on 5.7.2002. Respondent No.1 : 2 : then filed Suit No.360 of 2003 in this Court for recovery of Rs.29,96,774/- together with interest @ 18% p.a. from the petitioners. A Receiver was appointed in that suit in respect of Gala No.8. Thereafter the premises were sold under directions of this Court and the sale proceeds were paid over to Respondent No.1. 3. A chargesheet was filed in Criminal Case pending before the Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai. The parties have now settled their dispute in the suit in April 2008. Consent terms have been annexed to this application indicating the mode of payment of the dues. The consent terms also stipulate that an application would be made by the defendants in the suit i.e. the accused applicants in the present application for quashing the proceedings before the Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai and that the plaintiff in that suit i.e. the respondent No.1 herein would consent to such an order being passed. 4. An affidavit has been filed by Kapil Gaur, Assistant Manager of the respondent indicating that the consent terms have indeed been filed in Suit No.368 of 2003 and that he has no objection if the application for quashing the criminal proceedings is allowed. : 3 : 5. In these circumstances, it would be futile to continue with the proceedings pending before the trial Court as held in the case of Madan Mohan Abbot v/s. State of Punjab, (Criminal Appeal No.555 of 2008) (Criminal Appeal No.555 of 2008) (Criminal Appeal No.555 of 2008) decided on 26.3.2008. When it is a personal dispute such as the present one and the parties have arrived at a settlement it would be a travesty of justice to continue with the proceedings. This is because when the complainant himself does not wish to proceed with his complaint, it would in all probability not lead to a conviction in the matter. 6. In these circumstances, the criminal application is allowed. The proceedings in C.C. No.497/P/2003 arising out of C.R. No.92 of 2002 pending before the Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai are quashed and set aside qua the applicants.