1 wp1085.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 1085 of 2011 Mr. Chittaranjan Bhailal Jatakia ...Petitioner v/s. The State of Maharashtra & anr. ...Respondents Mr. Shreepadmurty with Rima Bagale i/b. Mahesh Mahadgut for the petitioner. Mr. Avesh Kayson for the respondent. Mr. Y.M. Nakhawa-APP. CORAM: B.R. GAVAI, J. 15th June, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. The petitioner seeks quashing of Case No. 73/SW/2004 arising out of Misc. Complaint No. 81/M/2003. The complaint in question has been filed by the respondent no. 2 for the offences punishable under Section 78 and 79 of the Trade and Merchandise Marks Act, 1958. It is the contention of the complainant that they have registered trade mark as BOROCIL. It is further contended that some persons were manufacturing identical or similar goods of inferior quality and trying to pass of the said products as products of the complainant. 2 wp1085.11.sxw 3. The matter has been compromised between the parties. The affidavit has been filed on behalf of respondent no. 2. In the said affidavit it has been stated that in view of the settlement arrived at between the parties, the complainant is not interested in prosecuting the complaint. It can, thus, be 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. 4. 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 criminal proceedings 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 criminal proceedings are required to be quashed. 5. Rule is, thus, made absolute in terms of prayer clause (a). (B.R. GAVAI, J)