SM 1 908.apl.784.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 784 OF 2011 Sudhakar Korgappa Sanil and others ...Applicants Versus Harish Chujar Gehani and another ....Respondents ____________ Mr. M. S. Mohite for the Applicants. Mr. O. P. Dubey for the Respondent No. 1. Mr. S. S. Pednekar, APP for the Respondent-State. CORAM: B. R. GAVAI, J. DATED : 10TH AUGUST, 2011. P.C.: Rule. Rule is made returnable forthwith. Heard by consent. 2. By way of present application, the applicants are praying for quashing of C.C. No. 668/PW/2010 pending before the learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai. 3. The aforesaid criminal proceedings were initiated on the basis of FIR registered at the instance of respondent no. 1 alleging therein that the applicants had preferred some bogus POD’s (Proof of Delivery) receipts. 4. The matter is now amicably settled between the parties. The respondent no. 1 has filed an Affidavit-in-Reply reiterating the SM 2 908.apl.784.11 same. The first informant has no grievance against the present applicant. 5. The dispute appears to be purely out of a commercial transaction in relation to trading of shares. 6. In view of the law laid down by the Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab, reported in (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 interest 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 (b), however, subject to costs quantified in the sum of Rs.10,000/-. Costs to be shared equally by the applicant on one part and the respondent no. 1 on the other part and paid 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 matter. (B. R. GAVAI, J.)