SSK/924 1 WP/3589.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3589 OF 2011 Shri Rajendra Kumar Choudhary & Ors. ....Petitioners Versus The State of Maharashtra & Ors. ...Respondents Mrs. P. J. Kanani i/b. M/s. Mulla & Mulla & Craigie Blunt & Caroe, advocates for the petitioners. Mr. Deepak More, APP for the State. CORAM : RANJIT MORE, J. DATED : 1st DECEMBER, 2011. P.C.: Rule. Rule is made returnable forthwith. By consent of the parties, the petition is heard finally. 2. By way of present petition, the petitioners pray for quashing of the criminal proceedings viz. MECR No.4/2011 from the file of respondent no.2 and further quashing the proceedings of Criminal Case No. 102/MISC/2011. Respondent No.3 filed the above said complaint under Sections 406, 409, 420, 465, 467, 468, 471 read with Sections 120(B), 34 of the Indian Penal Code. The Magistrate after hearing the complainant passed the order under Section 156(3) of Cr. P.C., and thereafter, SSK/924 2 WP/3589.11 respondent no.2 is investigating the case. The said investigation is MECR No.4/2011. During the investigation and pendency of the criminal case, the dispute between the petitioners and respondent no.3 is amicably settled. Accordingly, they have filed consent terms in Company Appeal No.9 of 2011. A copy of the consent terms is annexed at Exhibit “B”, Page 29 to this petition. 3. Respondent No.3 has filed an affidavit-in-reply. He reiterates that the dispute between the petitioners and himself is settled amicably. He has averred in the affidavit that he has no objection if the proceedings of the above said criminal case and investigation are quashed. 4. 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. 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 interest of justice the criminal SSK/924 3 WP/3589.11 proceedings are required to be quashed. However, at the same time, 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 (b), however, subject to costs quantified in the sum of Rs. 5,000/-. Costs to be paid by the petitioners 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. 7. If any applications are taken out by either of the parties in this writ petition, the same will not survive for consideration, in view of the disposal of main writ petition, and same are, accordingly, disposed of. (RANJIT MORE, J.)