12. cr wp 3112-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3112 OF 2010 Ujjwal Narayanrao Uke .. Petitioner Vs Vibha Uke & Anr .. Respondents Mr. A.R. Pande for the Petitioner Mr. R.P. Ojha for Respondent No. 1 Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 27th OCTOBER, 2010. P.C.: 1 Heard the learned advocate for the petitioner-original accused, learned advocate for respondent no. 1-original complainant and learned APP for the State. Respondent no. 1- original complainant is present in person. 2 The petitioner is seeking quashing of FIR No. 505 of 1998 of Thane Nagar Police Station and the proceedings relating thereto being Criminal Case No. 657 of 1999 which is pending before the Chief Judicial Magistrate, Thane. 3. Respondent no. 1 was married to petitioner. After the marriage, some matrimonial dispute arose between the 1 12. cr wp 3112-10.doc petitioner and respondent no. 1. On account of this dispute, FIR came to be lodged by respondent no.1 against the petitioner at Thane Nagar Police Station which was numbered as 505 of 1998. The said case is under Section 498(A)of IPC. 4 Learned advocate for respondent no. 1 states the parties have amicably settled the dispute, hence the FIR and proceedings thereto be quashed. Respondent No.2 who is present in Court also states that the dispute has been amicably settled between the parties and the case be quashed. She has also filed affidavit wherein she has stated that she has no objection if the FIR and proceedings thereto are quashed. The affidavit is taken on record and marked 'X' for identification. 5. In a decision of the Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, it is observed as follows: "We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the 2 12. cr wp 3112-10.doc prosecution is a luxury which the Courts, grossly over burdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law". In the said case, application was filed for quashing of FIR under various sections including 406 of IPC and on account of compromise entered into between the complainant and the accused, the said case came to be quashed. 6 In a decision of the Supreme Court in the case of State of Karnataka Vs. L. Muniswamy and Ors. reported in 1977 Cr.L.J. 1125 the Supreme Court referred to Section 482 of the Cr.P.C. and observed that in exercise of the wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court further observed that this power is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. 3 12. cr wp 3112-10.doc 7 In a decision of this Court in Kiran Tulshiram Ingale Vs. Smt. Anupama P. Gaikwad and others, 2006 Cri.L.J. 459, it was held that in a case of matrimonial offence, if there is an amicable settlement criminal proceedings can be quashed by the High Court, in exercise of inherent powers. 8 Thus, in view of the above decisions and in view of amicable settlement between the parties, I am inclined to quash the FIR and the proceedings relating thereto. 9 FIR No. 505 of 1998 of Thane Nagar Police Station and the proceedings relating thereto i.e. Criminal Case No. 657 of 1999 which is pending before the Chief Judicial Magistrate, Thane is quashed. 9. Application is disposed of. [SMT. V.K. TAHILRAMANI, J.] 4 12. cr wp 3112-10.doc 5