YOGESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard by consent. The accused has filed this application praying for quashing of the complaint on the ground that the accused and the complainant both have amicably settled the matter and the complainant does not want to prosecute the complaint further. It is a settled law that if the matter is settled at the stage of trial and if there is no element of public law involved in the matter, no purpose will be served by continuing the prosecution. The learned Counsel for the applicant has rightly relied on the judgment in the case of Madan Mohan Aboot v. State of Punjab, 2008 4 SCC 582 .

(2.) Both the parties are present in the Court and are identified by the learned Counsel appearing on their behalf. We find that as the matter is settled at the stage of trial and no element of public law is involved, the application is allowed. Rule is made absolute in terms of prayer clause (a) in the Criminal Application.