IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2775 OF 2008 Santosh Narayan Ghadi & Ors. .. Applicants Vs. State of Maharashtra & Anr. .. Respondents Mr.Chetan Akerkar for the applicants. Smt.P.P.Shinde, A.P.P for the State. Smt.Priya Nadkarni for the respondent No.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 11th September 2008. : 11th September 2008. : 11th September 2008. JUDGMENT: JUDGMENT: JUDGMENT: . Rule. Advocate for the 2nd respondent waives service. The learned A.P.P waives service for the 1st respondent. 2. The 2nd respondent is the wife of the 1st applicant and the 2nd to 6th applicants are close relatives of the 1st applicant. The marriage between the 1st applicant and 2nd respondent was solemnised on 04th January 2000. It appears that there was a matrimonial dispute between the 1st applicant and the 2nd respondent. The 2nd respondent lodged F.I.R alleging commission of offence under section 498-A read with section 34 of the Indian Penal Code against the applicants. The prayer in this application under section 482 of the Code of Criminal Procedure, 1973 is : 2 : for quashing the proceeding of the criminal case on the basis of settlement between the 1st applicant and 2nd respondent. 3. The learned advocate for the 2nd respondent has tendered on record an affidavit of the 2nd respondent which is marked "X" for identification. In paragraph 3 of the said affidavit, the 2nd respondent has stated thus: "3. I say that during the pendency of C.C.No.116/PW/06 in M.M. at Andheri, the sincere efforts were made by our relatives and friends for settling our matrimonial life with the result myself has now residing with the applicant No.1 who is my husband and there is no dispute among us. The applicant No.1 took the house at the address stated in the title of this application and we both are residing happily and peacefully looking at the future of our son Shashank. The applicant assured me that he will took the utmost care of mine and the care of the academic carrier of our son Shashank." : 3 : From the aforesaid statements it appears that now the dispute between the 1st applicant and 2nd respondent has been settled and that they are residing together. In view of this statement on oath, now the continuation of criminal proceedings will cause harassment to both the parties. The continuation of the proceedings will not serve any purpose. In the circumstances, a case is made out for exercising power under section 482 of the said Code of 1973. 4. Hence, I pass the following order: (i) Rule is made absolute in terms of prayer clause (i) which reads thus: "(i) Criminal Case bearing number 116/PW/2006 (Pursuant to FIR No.289 of 2005 relating to MIDC police station) pending the 22nd Metropolitan Magistrate’s Court, Andheri, Mumbai be quashed." (ii) Parties and concerned Court to act upon and authenticated copy of this order. : 4 : (A.S.Oka,J)