1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2886 OF 2009 Haseeb Shamim Karbelkar & Ors. ..Applicants versus The State of Maharashtra & Anr. ..Respondents Mr. Chetan Akerkar for Applicants. Ms. A. T. Jhaveri – APP for State. Ms. S. B. Telgote for Respondent No. 2. CORAM : S. A. BOBDE, J. DATED : 10TH AUGUST, 2009. P.C. : 1. This is an application for quashing the proceedings in Criminal Case No. 355/PW/2005 in the Court of 22nd Court of Metropolitan Magistrate, Andheri, Mumbai, under Sections 498-A, 406, 324 and 34 of the Indian Penal Code. The applicant No. 1 and respondent No. 2 were married to each other and FIR was lodged during the subsistence of the marriage. Thereafter, both the parties have apparently settled their disputes which has resulted in a divorce according to the Muslim Rites. A copy of the Talaqnama is on record. In the circumstances, the parties pray for quashing of the proceedings. The complainant is present in Court and states that she 2 does not wish to prosecute the application and supports her affidavit dated 31st July 2009. 2. 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 (i), which reads as follows: “Criminal Case bearing number 355/PW/05 (Pursuant to C.R. No. 177 of 2003 relating to Versova Police Station) pending in the 22nd Court of Metropolitan Magistrate, Andheri, Mumbai and C.C. No. 2347/Misc/2004 pending in the 9th Court of Additional Chief Metropolitan Magistrate, Bandra, Mumbai be quashed.” (S. A. BOBDE, J.)