1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3452 OF 2009 Manoj S/o. Shreeram Ghogare & Ors. ..Applicants versus Mrs. Meenakshi w/o. Manoj Ghogare & Anr. ..Respondents Mr. M. S. Kadu for Applicants. Mrs. S. M. Bulakiwale for Respondent No. 1. Mr. D. R. More – APP for State. CORAM : S. A. BOBDE, J. DATED : 4TH SEPTEMBER, 2009. P.C. : 1. This is an application for quashing Criminal Case No. 79/2008 pending before the JMFC, Kalyan and C.R. No.I-158/2007 of Vishnu Nagar Police Station, Dombivli and prayer for discharge of all the accused of all the charges. The applicant No. 1 is married to the respondent No. 1. Apparently certain incidents took place in the course of the marriage which gave rise to complaints of the offences under section 498A, 406 r/w. Section 34 of the Indian Penal Code. However, apparently thereafter the parties have settled their disputes and have agreed to file petition for divorce by mutual consent. In view of the settlement, the applicants have moved this application for quashing the prosecution. 2 2. The learned counsel for the respondent wife – who is the complainant appears and supports the prayers of the applicants. The respondent – wife has also filed an affidavit dated 7th August 2009 stating that they will withdraw all cases and complaints against each other in view of the amicable settlement. 3. Having regard to the dispute, which is personal in nature in which the society at large is not concerned 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 (a), which reads as follows: “(a) to quash Criminal Case No. 79/2008 pending before the Judicial Magistrate First Class, Kalyan and C.R. No. I-158/2007 of Vishnu Nagar Police Station, Dombivli and to discharge all Accused of all the charges;” 4. Order accordingly. (S. A. BOBDE, J.)