1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4694 OF 2009 Asif Jivani & Ors. ..Applicants versus Abdul Gani Md. Hussain Kolsawala & Anr. ..Respondents Mr. A. P. Mundargi i/b. H. Mundargi for Applicants. Mr. Jayant Bardeskar for Respondent No. 1. Mrs. P. P. Bhosale – APP for State. CORAM : S. A. BOBDE, J. DATED : 16TH OCTOBER, 2009. P.C. : 1. Not on board. Mentioned. 2. The applicants have filed this application for quashing the prosecution initiated by the respondent – complainant under Section 454, 380, 506 r.w. 34 of the Indian Penal Code in respect of transactions between the parties, on the ground that the dispute between the parties is settled. 3. Apparently the parties have settled their dispute amicably. The respondent – complainant has filed an affidavit in this court dated 15th 2 October 2009 stating the circumstances in which the transactions took place and the fact of settlement. He has further stated that the proceedings i.e. the prosecution may be quashed. The respondent - complainant has appeared in person and stated before this court that he has sworn this affidavit on his own free will and supports the affidavit. The learned counsel for the respondent thus supports the prayer of the applicants for quashing the prosecution. 4. Having regard to the dispute, which is personal in nature in which the public at large is not involved and having regard to the law laid down in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to allow this Application in terms of prayer clause (a), which reads as follows: “ This Hon’ble Court be pleased to quash and set aside the proceedings in C.R. No. 73 of 2005, registered by the Sewree Police Station and proceedings on the file of Ld. Metropolitan Magistrate 5th Court, Naigaum, Dadar, Mumbai in the interest of justice;” 5. Order accordingly. (S. A. BOBDE, J.)