1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3553 OF 2008 Smt.Vandana Dnyaneshwar Avhad & Anr. ..Applicants Vs. The State of Maharashtra ..Respondents ... Mr.Z.M.Avhad Advocate for Applicants Ms.A.A.Mane A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 8, 2008 DATE : OCTOBER 8, 2008 DATE : OCTOBER 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned APP for the State. Both the applicants are present in Court. 2. The applicant no.1 is the wife of applicant no.2. FIR No.334 of 2004 was lodged by applicant no.1 against applicant no.2 and others at Bhiwandi Police Station. The said case is under Section 498-A of IPC. 2 3. Both the husband and wife i.e. applicants have stated that the matter has been amicably settled among themselves and both are residing happily together, hence, they have preferred a joint application for quashing of the FIR and proceedings relating thereto. 4. In view of the fact that the both the applicants have amicably settled the dispute, in my view, no purpose would be served by continuing with the proceedings relating to FIR No. 334 of 2004 of Bhiwandi Police Station and proceedings relating thereto as the complainant-wife does not wish to pursue the matter any further. It is submitted that though Section 498-A does not fall in the list under Section 320 of Cr.P.C., the High Court has the power to quash the case. Reliance was placed upon the decision of the Apex Court in the case of B.S.Joshi and others Vs. the State of Harayana and B.S.Joshi and others Vs. the State of Harayana and B.S.Joshi and others Vs. the State of Harayana and another, reported in 2003 Cri.L.J. 2028 another, reported in 2003 Cri.L.J. 2028 another, reported in 2003 Cri.L.J. 2028. In the said case, it is observed that Section 320 of Cr.P.C. does not limit or affect the powers of the High Court, if for the purpose of securing the ends of justice, quashing of complaint becomes necessary, Section 320 would not be a bar to the 3 exercise of power of quashing. 5. In view of the above facts, FIR No. 334 of 2004 of Bhiwandi Police Station and proceedings relating thereto, are quashed and set aside. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]