7. cr wp 2986-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMIINAL WRIT PETITION NO. 2986 OF 2010 Ayaz Shaikh & Ors .. Petitioners Vs Safina Ayaz Shaikh & Anr .. Respondents Mr. S.V. Marwadi i/b Mr. Vinayak V. Katti for the Petitioners Ms. U.V. Kejariwal, APP for the State Ms. Safina Ayaz Shaikh, Respondent no. 1 present in person CORAM : SMT. V.K. TAHILRAMANI, J DATE : 27th OCTOBER, 2010. P.C.: 1 Heard the learned advocate for the petitioners-original accused and learned APP for the State. Respondent no. 1- original complainant is present in person. 2 The petitioners are seeking quashing of C.R. No. 578 of 2006 of Goregaon Police Station and the proceedings relating thereto being Case No. 227/PW/2007 which is pending before the learned Metropolitan Magistrate, 24th Court, Borivali, Mumbai. 3. Respondent no. 1 was married to petitioner no. 1. Petitioner nos. 2 and 3 are the parents of petitioner no. 1, 1 7. cr wp 2986-10.doc petitioner No. 4 is the sister of petitioner no. 1 and petitioner no. 5 is the husband of petitioner no. 4. After the marriage, some matrimonial dispute arose between the petitioners and respondent no. 1. On account of this dispute, FIR came to be lodged by respondent no.1 against the petitioners at Goregaon Police Station which was numbered as C.R. NO. 578 of 2006. The said case is under Sections 498A, 323, 406, 420, 506, 504 read with 34 of IPC. 4 Respondent no.1 states that the matter has been amicably settled between her and the petitioners and she and petitioner no. 1 filed consent terms in Family Court at Bandra in Petition No. A-82 of 2007, hence she states the FIR and the proceedings relating thereto be quashed. 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 2986-10.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". In the said case, application was filed for quashing of FIR under various sections including 406 of IPC and on account of compromise entered into between the complainant and the accused, the said case came to be quashed. 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. 3 7. cr wp 2986-10.doc 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. 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. 578 of 2006 of Goregaon Police Station, Mumbai and the proceedings relating thereto i.e. Case No. 227/PW/2007 which is pending before the learned Metropolitan Magistrate, 24th Court, Borivali, Mumbai is quashed. 10 Application is disposed of. [SMT. V.K. TAHILRAMANI, J.] 4 7. cr wp 2986-10.doc 5