1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3264 OF 2011 M/s.R.N.A.Builders and others Petitioners versus Nitin Gopinath Bhoir and others Respondents Mr.Satish Maneshinde i/by Snehal Khairnar for petitioners. Mr.A.P.Mundargi i/by Sathyam Acharya for respondents 1 and 2. Mr.D.P.Adsule, APP for State. CORAM : R.V.MORE, J. DATE : 21st November 2011 PC : 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By way of present petition the petitioners pray for quashing of the criminal proceedings in C.C.No.149 of 2009 filed by respondent nos.1 and 2 under sections 420, 463, 465, 467, 471 and 474 r/w 34 of Indian Penal Code. 3. The dispute between the parties is now amicably settled and the parties have entered into consent terms. The consent terms are kept in an escrow. Under the consent terms, the respondent nos.1 and 2 have agreed for dropping/quashing the criminal proceedings initiated by them against the petitioners. The affidavit to that effect is filed by respondent nos.1 and 2. Same is taken on record and marked `X' for identification. 4. Respondent nos.1 and 2 are present before the Court. They state that they have gone through the contents of the said affidavit and they 2 have understood the same. 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 Vs. 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 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 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. (R.V.MORE, J.)