SHABBIR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties by consent. The applicant has filed the present Criminal Application for quashing the criminal proceedings arising out of Criminal Complaint bearing No. 933/12 which in turn arise out of F.I.R. bearing Crime No. 168/12.

(2.) The perusal of the FIR would reveal that it pertains to a loan transaction and a seizure of the vehicle.

(3.) The respondent No. 2 complainant has filed an affidavit stating therein that the matter has been amicably settled between the parties. Even otherwise, the dispute appears to be purely of civil nature. The Apex Court in the case of Madan Mohan Abbot v. State of Punjab, 2008 4 SCC 582has held that when the dispute is purely personal in nature and involves no element of public law, this Court should invoke jurisdiction under Section 482 of Criminal Procedure Code for quashing of criminal case. In that view of the matter, the Criminal Application is allowed. Rule is made absolute in terms of prayer clause (a).