SSK/ 1 apl/1027.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1027 OF 2011 Shri Dadarao Dattu Paradhi & Ors. ....Petitioners Versus The State of Maharashtra & Anr. ...Respondents Mr. Pankaj Kavale, advocate for the petitioners. Mr. Deepak R More, APP for the State. Mr. Jayesh Vithalani, advocate for respondent no.2. CORAM : RANJIT MORE, J. DATED : 30th NOVEMBER, 2011. P.C.: Learned counsel for the applicants, at the outset, seeks oral leave to amend the petition. Leave as prayed for, is granted. Amendment to be carried out forthwith. 2. Rule. Rule is made returnable forthwith. Mr. More, learned App and Mr. Vithalani, learned counsel waives service on behalf of respondent nos.1 & 2 respectively. By consent of the parties, the criminal application is is heard finally. 3. By way of present application, the applicants are praying for quashing and setting-aside of FIR being CR.No.I-181 of 2011 registered SSK/ 2 apl/1027.11 with Narpoli Police Station, Bhiwandi under Sections 326, 504, 505, 506 read with Section 34 of the Indian Penal Code, in pursuance of Order dated 28th June, 2011 passed by learned Judicial Magistrate, First Class, Bhiwandi under Section 156(3) of the Cr. P.C. in Criminal Case No.477 of 2011. 4. The matter is now amicably settled between the applicants and respondent no.2. Respondent No.2 has filed an affidavit reiterating and giving his no objection for quashing the criminal case against the present applicants. The eye-witness- wife of respondent no.2 has also filed a similar affidavit. All the applicants as well as respondent no.2 along with his wife are present in the Court. Respondent No.2 as well as his wife, on being queried, stated that they have been explained the contents of the affidavit and have fully understood the same. They further stated that they do not want to proceed with the criminal complaint and have no objection, if the same is quashed and set-aside. 5. 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. SSK/ 3 apl/1027.11 6. 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 proceedings are required to be quashed. Rule is, thus, made absolute in terms of prayer clause (b). (RANJIT MORE, J.)