7. cr wp 3179-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3179 OF 2010 Charles Lambrou @ Suraag .. Petitioner Vs Zia Lambrou @ Parinita Nath & Anr .. Respondents Mr. Mubin Solkar for the Petitioner Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 29th OCTOBER, 2010. P.C.: 1 Leave to amend. Amendment to be carried out forthwith. 2 Heard the learned advocate for the petitioner-original accused and learned APP for the State. Respondent no. 1- original complainant is present in person. 2 The petitioner is seeking quashing of C.R. No. 188 of 2009 of Bandra Police Station and the proceedings relating thereto being Case No. 1074/PW/09 which is pending before the learned Metropolitan Magistrate, 9th Court, Bandra (E), Mumbai. 3. Respondent no. 1 was married to petitioner. 1 7. cr wp 3179-10.doc After the marriage, some matrimonial dispute arose between the petitioner and respondent no. 1. On account of this dispute, FIR came to be lodged by respondent no.1 against the petitioner at Bandra Police Station which was numbered as C.R. NO. 188 of 2009. The said case is under Sections 498(A) and 323 of IPC. 4 Respondent No.1 states that the dispute has been amicably settled between her and the petitioner, hence the FIR and the proceedings relating thereto be quashed. She has also filed affidavit stating therein that she has no objection to quash the FIR and the proceedings relating thereto. Said 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 prosecution is a luxury which the Courts, grossly 2 7. cr wp 3179-10.doc 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". 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. 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. 3 7. cr wp 3179-10.doc 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 C.R. No. 188 of 2009 of Bandra Police Station, Mumbai and the proceedings relating thereto i.e. Case No. 1074/PW/09 which is pending before the learned Magistrate, 9th Court, Bandra (E), Mumbai is quashed. 10. As the FIR and proceedings relating thereto are quashed, obviously the petitioner is permitted to travel abroad and the look out notice issued against him shall also stand quashed. Bail bonds shall stand cancelled. As the cash bail has been furnished by the petitioner, the said amount be returned to him. 11. Application disposed of. [SMT. V.K. TAHILRAMANI, J.] 4 7. cr wp 3179-10.doc 5