1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1304 OF 2011 Rakesh Khandelwal and another Applicants versus Jayesh A. Khandelwal and another Respondents Mr.R.Sathyanarayanan for applicants. Mr.Zakir Hussain for respondent no.1. Ms.S.V.Gajare, APP for respondent no.2. CORAM : RANJIT MORE, J. DATE : 16th December 2011 PC : 1. Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2. By way of present application it is prayed that criminal case No. 758/PW/2011 pending on the files of learned Metropolitan Magistrate, 25th Court, Mazgaon against the applicants for offences punishable under section 380 r/w 34 of IPC be quashed and set aside. It is also prayed that property worth Rs.7.40 lakhs lying in the custody of Nagpada Police Station be returned to respondent no.1. 3. The respondent no.1 herein has filed an affidavit dated 15th December 2011 in the present application. He has stated that the applicants herein are his relatives. Due to the intervention of elderly family members, he has agreed to settle the criminal proceedings. He 2 has also stated that the property worth Rs.7.40 lakhs be returned to him as it belongs to him. 4. The applicants as well as respondent no.1 are present in Court. On making query they reiterated the facts which are described in the affidavit of respondent no.1 dated 15th December 2011. They stated that they have no objection if the criminal proceedings are quashed and set aside. The applicants have stated that the gold ornaments worth Rs.7.40 lakhs be returned to respondent no.1. 5. It can be thus 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. 6. 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 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. However, at the same time, the costs need to be saddled on the parties for setting in motion the police machinery for settling their dispute. 7. Rule is thus made absolute in terms of prayer clause (a) of the application, however, subject to costs quantified in the sum of Rs.5,000/-. Costs to be paid by the applicants 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 the record of present application. 8. The Station In-charge of Nagpada Police Station, Mumbai is 3 directed to return the property worth Rs.7.40 lakhs, which is in their custody pursuant to CR No.153 of 2011, to respondent no.1 herein forthwith. (RANJIT MORE, J.)