1 wp563.11-2263.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 563 of 2011 Mr. Ravi Harichandra Makhija ....Petitioner v/s. State of Maharashtra & anr. ....Respondents WITH Writ Petition No. 2263 of 2010 Anurag Jogendranath Arora ....Petitioner v/s. State of Maharashtra & ors. ....Respondents Mr. Eclilte Dey for the petitioner. Mr. A.H.H.Ponda for respondent no.2. Mr. D.R. More-APP for the State. CORAM: B.R. GAVAI, J. 12th July, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. The petitioners have filed the present petition for quashing and setting aside the FIR being MECR No. 8/2010 and the consequential proceedings pending before the learned ACMM, Esplanade, Mumbai. 3. The FIR in question came to be filed at the behest of respondent no.2 -complainant alleging therein that the present complainant had misappropriated an amount of one Parul Nisha Trading Pvt. Ltd. to the tune of Rs. 16,59,972/-. 4. The matter has now been settled between the parties. The consent terms between the parties are also placed on record of the proceedings before the learned ACMM. The Complainant is also personally present in the Court. The affidavit has been filed on his behalf reiterating the settlement between the 2 wp563.11-2263.10.sxw 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. 5. 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. 6. Rule is, thus, made absolute in terms of prayer clause (a) and (b), however, subject to costs quantified in the sum of Rs. 25,000/-. Costs to be paid by the 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)