IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1865 OF 2008. Ketan Anil Upgade & Ors. ..Petitioners. versus Shreya Ketan Upgade & Anr. ..Respondents. .... Mr.Revati Mohite-Dere, for the Petitioners. Mr.Niranjan Mogre, i/b. Mr.S.B.Shetye, for the Respondent No.1. Mr.J.P.Yagnik, APP, for the Respondent-State. .... CORAM CORAM CORAM : A.S.OKA, J : A.S.OKA, J : A.S.OKA, J. DATE DATE DATE : 8th September 2008. : 8th September 2008. : 8th September 2008. P.C.: 1. Not on board. Taken on board. 2. Rule. The Advocate for the first Respondent waives service. The learned APP waives service for the State of Maharashtra. Forthwith taken up for final hearing. 3. The first Petitioner is the husband of the first Respondent. The second and the third Petitioners are the parents of the first Petitioner. The marriage between the first Petitioner and the first Respondent was solemnised on 5th November 2004. There was a dispute between the first Petitioner and the second Respondent. The first Respondent was pregnant and was : 2 : admitted to hospital and was kept under observation for some time. The first Respondent had filed a Petition in the Family Court seeking maintenance for herself and on behalf of the unborn child. Later on, there was a incomplete abortion of the first Respondent. A complaint was lodged by the first Respondent to the Kothrud Police Station, Pune, alleging commission of offences under sections 498A, 313 read with section 34 of the Indian Penal Code. After investigation, a charge-sheet was filed which disclosed the commission of offence under section 498A read with section 34 of the Indian Penal Code. A charge sheet was filed only for an offence under section 498A read with section 34 of the Indian Penal Code. As the report submitted by the Police was silent as regards alleged commission of an offence under section 313 of the Indian Penal Code, the learned Magistrate called for the report from the Investigating Officer. The Investigating Officer submitted a report on 26th June 2008 recording that there is no evidence to attribute an offence under section 313 of the Indian Penal Code and due to inadvertent mistake, in the earlier report, this aspect was not mentioned. : 3 : 4. It appears that a Petition was filed in the Family Court by the first Petitioner and the first Respondent under section 13(b) of the Hindu Marriage Act, 1955 seeking a divorce by mutual consent. In the said Petition, the terms and conditions agreed by and between the parties were recorded including a condition that the first Respondent will withdraw the criminal case. This Writ Petition is filed under section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedings of the pending criminal proceedings. The learned Counsel appearing for the first Respondent has tendered an affidavit of the first Respondent and has stated that the first Respondent is personally present in the Court, who has confirmed the correctness of the settlement between the first Petitioner and the first Respondent. 5. I find that the matrimonial dispute between the first Petitioner and the first Respondent resulted in the lodging of the F.I.R. From the Petition filed in the Family Court, now it is found that there is a settlement between the first Petitioner and the first : 4 : Respondent. In the circumstances, no purpose will be served by continuing the criminal proceedings. Apart from the fact that chances of conviction are bleak, Continuation of proceedings will cause undue harassment to both the parties. As pointed earlier, a charge has been framed only for an offence alleged under section 498A of the Indian Penal Code and there is a report filed by the Investigating Officer that an offence under section 313 of the Indian Penal Code was not made out. Therefore, a case is made out for quashing the pending criminal proceeding. 6. Hence, rule is made absolute in terms of pryaer clause (c). 7. Parties and the concerned Court to act upon an authenticated copy of this order. [A.S.Oka,J.] [A.S.Oka,J.] [A.S.Oka,J.]