vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1561 OF 2003 CRIMINAL APPLICATION NO.1561 OF 2003 CRIMINAL APPLICATION NO.1561 OF 2003 Dr.Satish Kumar & Ors. ... Applicants V/s. The State of Maharashtra & Anr. ... Respondents Mr.J.A. Udaipuri for Applicants Ms.A.A. Mane, APP, for State Mr.S.K. Jagdish for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JUNE 25, 2008 JUNE 25, 2008 JUNE 25, 2008 P.C.: P.C.: P.C.: . The petition has been filed for quashing the proceedings in case No.560/P/1999 pending before the Metropolitan Magistrate, 43rd Court, Borivali. The case has arisen because of a complaint lodged by Respondent NO.2 against the petitioner for offences punishable under sections 498A, 406 r/w 34 of the IPC. Respondent No.2 and applicant NO.1 were married. Their marriage has been dissolved by a decree of divorce passed by mutual consent on 11.9.2001 by the Family Court. Consent terms arrived at between the parties have been incorporated into the decree. One of the terms stipulates that Respondent No.2 would undertake to withdraw or compound the criminal complaint pending before the magistrate, i.e., C.C. No.560/P/1999. : 2 : 2. An affidavit has been filed by Respondent No.2 who is present in Court stating that she has no desire to continue the prosecution against the applicants. She has averred that the matrimonial dispute with applicant No.1 has been settled amicably and, therefore, she does not desire to continue the proceedings in the Metropolitan Magistrate’s Court. 3. In my view, in the facts and circumstances of this case, it would be appropriate to quash the proceedings before the Magistrate. This is because the dispute between the parties is essentially a personal dispute which has arisen due to differences between the applicant No.1 and Respondent No.2 during the subsistence of their marriage. If the prosecution is allowed to continue against the applicants, in all probability, there would be no evidence against the applicants as respondent No.2 who is the complainant does not desire to continue with the prosecution. In view of the observations made in the case of B.S. Joshi & anr. v/s. State of Haryana & Ors., AIR 2003 SC 1386, AIR 2003 SC 1386, AIR 2003 SC 1386, the proceedings in C.C. N.560/P/1999 pending before the Metropolitan Magistrate, 43rd Court, Borivali are quashed and set aside. 4. Criminal Application is disposed of accordingly.