* 1 * Cri.Appln. 4127.2010 21.12.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4127 OF 2010 Shri. Prasad Badiwale .... Applicant V/S. Mr. Mohanlal R. Gupta @ Agrawal & anr. ... Respondents * * * * Mr. Subodh Desai, Advocate for the applicant. Ms. Poonam Ankleshwaria, Advocate for respondent no.1. Mrs. S.A. Shaikh, APP for State-respondent no.2. CORAM : SMT. R.P. SONDURBALDOTA, J 21 December, 2010. P.C. : 1. This Criminal Application has been filed for quashing of Criminal Case No. 23/SS/2000 filed by respondent no.1 against the applicant and one Niyati Chadha alleging commission of offences punishable under Sections 193, 195, 196, 199, 201, 204, 504, 506, 507 read with Section 34 Indian Penal Code. After directing enquiry under Section 202 Criminal Procedure Code, the learned Metropolitan Magistrate, 27th Court, Mulund issued process against the applicant * 2 * Cri.Appln. 4127.2010 21.12.2010 under Section 507 read with Section 34 Indian Penal Code. 2. The learned counsel for respondent no.1, submits that, respondent no.1 is now no longer desirous of proceeding with the complaint. She submits that this complaint came to be filed by respondent no.1 in view of a false complaint filed by one Niyati Laddha, sister of daughter-in-law of respondent no.1. That complaint was on account of the matrimonial dispute going on between the son of respondent no.1 and his daughter-in-law. It appears that in the matrimonial dispute between the husband and wife, the father of the husband and the sister of the wife, jumped into the fray of the matrimonial dispute and filed criminal complaints against each other. The applicant herein is nowhere concerned whatsoever with the family of respondent no.1. He merely happened to be the employer of Niyati Laddha and that the complaint came to be filed by respondent no.1 against him. 3. The learned counsel for respondent no.1, states that the son and daughter-in-law of respondent no.1 have now resolved their disputes and have filed terms of compromise in MJ Petition No.A-598 of 2006 before the Family Court, Bandra. Therefore, respondent no.1 does not desire to proceed with the complaint. In the circumstance, * 3 * Cri.Appln. 4127.2010 21.12.2010 the application is allowed in terms of prayer clause (b). It is made clear that, C.C. No. 23/SS/2010 pending before the learned Metropolitan Magistrate, 27th Court, Mulund, Mumbai is quashed and set aside only as against the applicant herein. (SMT. R.P. SONDURBALDOTA, J)