1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3014 OF 2009 Mohammed Hussain Kasam Shaikh & Ors. ..Applicants versus Mrs. Shaikh Fehmina Banoo w/o. Mohd. Zakir & Ors. ..Respondents Mr. F. Y. Solkar for Applicants. Mr. Iqbal Y. Solkar i/b. Mr. M. S. Kadu for Respondent No. 1. Mrs. U. V. Kejariwal – APP for State. CORAM : S. A. BOBDE, J. DATED : 15TH SEPTEMBER, 2009. P.C. : 1. The applicant No. 1 – husband and others who are accused Nos. 1 to 3 in a complaint under Section 498-A filed by the respondent wife has applied for quashing the prosecution on the ground that the parties have thereafter settled the dispute between themselves in terms of the Memorandum of Understanding at Exhibit ‘A’. The respondent has filed an affidavit supporting the applicants’ prayer and has also stated on oath that she does not wish to proceed with the complaint against the applicants and the respondent No.3 in view of the settlement. 2 2. Having regard to the dispute, which is personal in nature in which the public at large is not involved and having regard to the law laid down in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to allow this Application in terms of prayer clause (a), which reads as follows: “ To quash the case being C.C. No. 412/PW/2009, C.R. No. 262/08 of Nagpada Police Station, Mumbai, pending on the file of the Metropolitan Magistrate, 25th Court, at Mazgaon, Mumbai and to discharge the accused of all the charges;” 3. Order accordingly. (S. A. BOBDE, J.)