1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 188 OF 2010 Shivaji Gajanan Chavan ........Petitioner versus Nilkamal Crates and Bins & anr.........Respondent. Mr. Datta Mane i/b. Kedar J.Patil adv. for the Petitioner Mrs. A.T. Jhaveri APP for State CORAM: B. R. GAVAI, J. DATED : 24th February, 2010. P.C.: 1. The petitioner has filed this petition for quashing the criminal Case No.95/05 pending before the learned Judicial Magistrate, Dadra and Nagar Haveli at Silvassa. 2. A criminal complaint came to be filed by the respondent no.1 against the present petitioner for offence under sections 415, 417, 420 IPC. 3.It appears that there was some dispute between the complainant and the accused with regard to certain business transaction. According to complainant certain amount was not paid by the accused to the complainant, though according t the complainant the goods were delivered to the accused. On this background the criminal case came to be filed. It appears that during the pendency of the proceedings, he matter has been amicably settled betweem 2 the parties and an amount of Rs. 3 lacs has been passed by the accused to the complainant. A affidavit has been filed on behalf of the respondent-complainant stating therein that the complainant does not wish to prosecute the proceedings. 4. The parties present in the court re-iterated that the matter has been amicably settled between them. 5. Since the dispute being purely personal in nature between the parties I find that this is a fit case wherein the parties should be permitted to settle the matter. Reliance could be placed on the judgment of the Apex Court in case of Madan Mohan Abbot Vs. State of Punjab reported in AIR 2008(4) SCC 582. 6. In that view of the matter the rule is made absolute in terms of prayer clauses (a),(b),(d) and (e). (B.R. Gavai, J.)