1 wp1670.08.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 1670 of 2008 Mr. Madan Tarachand Samant ...Petitioner v/s. State of Maharashtra & anr. ...Respondents Mr. Abhishek Mohan Pungliya for the petitioner. Mrs. M.R. Tidke-APP for the State. CORAM: B.R. GAVAI, J. 23rd June, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. The petitioner has filed the present petition for quashing the criminal proceedings being RCC No. 3310/2006 pending in the Court of Learned Judicial Magistrate, First Class. 3. It appears that there was a commercial dispute between the petitioner and the respondent no.2, in respect of which civil as well as criminal proceedings came to be filed. The petitioner had approached this Court challenging the initiation of criminal proceedings on the ground that the matter is purely of civil nature. 4. During the pendency of the petition, the matter has been dissolved between the parties. The consent terms have been filed in the civil Court. The applicant as well as the Complainant are personally present in the Court. They reiterated about the settlement arrived at between them. 2 wp1670.08.sxw 5. 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. 6. 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. 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), however, subject to costs quantified in the sum of Rs. 15,000/-. 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. 8. Needless to state that the passport of the petitioner which was directed to be deposited shall be returned by the investigating agency to the applicant- petitioner. (B.R. GAVAI, J)