1 821.11-apl IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL APPLICATION NO. 821 OF 2011 Kamruddin Abbas Ali Khan and another. ... Applicants. V/s. State of Maharashtra and another. ... Respondents. A.P.Mundargi, Senior Advocate with K.S.Patil for the applicants. Y.M.Nakhwa, APP for respondent No.1- State. S.C.Singh for respondent No.2. CORAM: B.R.GAVAI, J. DATED : 9th August 2011. P.C. : Rule. Rule is made returnable forthwith. Heard finally by consent of parties. 2. By way of present application, the applicants are praying for quashing and setting aside F.I.R.No.113/2011 registered with Vinobha Bhave, Police Station, Mumbai for the offence punishable under sections 465, 467, 468, 471 and 406 of I.P.C. and all the proceedings arising out of the said F.I.R. 3. The F.I.R. in question came to be filed at the instance of respondent No.2. The applicant as well as first informant are the partners of M/s.Hindustan Builders. It is the allegation of the first informant that the applicant, who was authorised as signatory of the firm, had fabricated certain 2 821.11-apl documents and opened an account with the Central Bank of India and deposited certain amounts directly in the said account thereby misappropriating the funds of the said firm. 4. From the perusal of the F.I.R., it would reveal that the dispute between the parties is a dispute arising out of differences in the partnership firm. A civil suit was also filed by respondent No.2 in this Court. The said suit is disposed in terms of the consent terms. Respondent No.2 has filed an affidavit stating therein that the dispute is settled. He is personally present in the Court and reiterates what has been stated in the affidavit. 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.. 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.50,000/- to be shared equally by the applicant as well as respondent No.2. Costs to be 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 matters. (B.R.GAVAI, J.)