1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4171 OF 2009 Nimesh Khetshi Dedhia & Anr. ..Applicants versus Mrs. Bhavana Nimesh Dedhia & Anr. ..Respondents Mr. Ankit Bhatt i/b. Law Point for Applicants. Mr. R. M. Haridas i/b. Mr. P. R. Prasad for Respondent No. 1. Mr. S. N. Gawade – APP for State. CORAM : S. A. BOBDE, J. DATED : 6TH OCTOBER, 2009. P.C. : 1. The applicants have filed this application for quashing the prosecution initiated by the respondent – complainant under Section 498-A, 406 r.w. 34 of the Indian Penal Code on the ground that the dispute between the parties is settled. 2. The incident arose in the course of matrimony between the applicant No.1 and the respondent No. 1 - complainant However, apparently the parties have settled their dispute. They have filed consent terms before the Family Court of Mumbai, Bandra. By the consent terms they have settled the entire dispute between them and the respondent – complainant has also undertaken to do the needful to withdraw the present Criminal Application. 2 The respondent – complainant has filed an affidavit in this court stating that the dispute between the parties is settled and she has no objection if the complaint filed by her and pending prosecution is quashed. The respondent - complainant has appeared in person and stated before this court that she has sworn this affidavit on her own free will and supports the affidavit. The learned counsel for the respondent – complainant thus supports the prayer of the applicants for quashing the prosecution. 3. 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 (b), which reads as follows: “ That this Hon’ble Court be pleased to quash and set aside C.C. No.792/PW of 2006 pending on the file of Ld. Addl. Metropolitan Magistrate, 9th Court, Bandra, Mumbai, by Respondent No.1 for offence punishable under Section 498(A), 406 r.w. 34 of I.P.C. on such terms and conditions as this Hon’ble Court may deem fit and proper;” 4. Order accordingly. (S. A. BOBDE, J.)