1 173.11-appln IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL APPLICATION NO. 173 OF 2011 Mazhar Zahiruddin Shaikh and others. ... Applicants. V/s. State of Maharashtra and another. ... Respondents. Ms.Rashmi Gajwani i/b. Ganesh Gole for the applicants. D.R.More, APP for the State. Ms.Prabha Badadare for respondent No.2. CORAM: B.R.GAVAI, J. DATED : 22nd June 2011. P.C. : Rule. Rule is made returnable forthwith. Herd by consent of parties. 2. By way of present application, the applicants are praying for quashing and setting aside the F.I.R. being C.R.No.5/2008 registered with the Nagpada Police Station. 3. The F.I.R. came to be registered at the instance of respondent No.2. It is the allegation of the complainant- respondent No.2 that th applicants are friends of the complainant. It is his further allegation that the applicants have induced the complainant to part with an amount of Rs.2 lakh. It is further allegation that right from the beginning the applicants 2 173.11-appln had no intention to return the amount and, as such, they had cheated the complainant. 4. It, thus, appears that the dispute arises out of monetary transaction. The parties have now settled their dispute. An affidavit has been filed by the complainant stating that the relation between the applicants and the complainant are cordial and that th complainant does not want to proceed with the complaint. It is further stated that the dispute has been settled. 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. 5. In view of the law laid down by the Apex Court in the case of Madan Mohan Abbot v.. 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. 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. 6. Rule is, thus, made absolute in terms of prayer clause (a), however, subject to costs quantified in the sum of Rs.10,000/-. Costs to be paid by the applicant/petitioner 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 the present matters. (B.R.GAVAI, J.)