[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.920 OF 2007 Mr.Balkrishan Khemraj Sharma and Ors. ..Petitioners Vs. The State of Mah. and Ors. ..Respondents ... Mr.Rajendra Sorankar Advocate for Petitioners Mr.S.R.Shinde APP for State Smt.R.Tripathi Advocate for Respondent No.2 ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : NOVEMBER 25, 2008 DATE : NOVEMBER 25, 2008 DATE : NOVEMBER 25, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioners-original accused, the learned advocate for the respondent no.2-original complainant and and the learned A.P.P. for the State. The complainant is present in Court. 2. The petitioners are seeking quashing of CC No.594 of 2006 pending before the learned Judicial Magistrate F.C. Belapur. The said case pertains to CR No.I-138 of 2006 registered with Vashi Police Station. The said case is mainly under Sections 498-A, 323, 504 r.w. 34 of IPC. [-2-] 3. The petitioners had also filed matrimonial petition i.e. MJ Petition No.153 of 2007 before the Court at Thane. It is stated that during the pendency of this matter, the parties have amicably settled the matter among themselves and they have tendered consent terms which are taken on record and marked ‘X’ for identification. 4. 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 B.S.Joshi and others Vs. the B.S.Joshi and others Vs. the State of Harayana and another, reported in 2003 State of Harayana and another, reported in 2003 State of Harayana and another, reported in 2003 Cri.L.J. 2028 Cri.L.J. 2028 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 exercise of power of quashing. 5. In view of the amicable settlement of the dispute between the parties and in view of the decision in B.S.Joshi’s case (supra), CR No. I-138 [-3-] of 2006 registered with Vashi Police Station and the proceedings relating thereto i.e. CC No.594 of 2006 pending before the Court of learned Judicial Magistrate, F.C. Belapur are quashed. 5. Petition is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]