SSM 1 3.apl.116.11.doc IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 116 OF 2011 Sashmit Pathare and others ....Applicants Versus State of Maharashtra and others ....Respondents ____________ Shri. Dilip Shukla i/b M/s. Yash and Asso. for Applicants. Shri. S. M. Shirsat for Respondent No. 2. Shri. Y. M. Nakhwa, APP for State. CORAM: A. R. JOSHI, J. DATED : 7 TH APRIL, 2011. P.C.: All the rival parties are present in this Criminal Application preferred by present Applicants for quashing Criminal Case No. 24 of 2010 pending on the file of JMFC, Court No. 9, Thane arising out of FIR. No.I/27 of 2009 registered by Mira Road Police Station for offences punishable under Section 498-A of the Indian Penal Code read with Section 34 of the Indian Penal Code. 2. Today, both the Applicants i.e. husband and his mother and Respondent No. 2 i.e. wife of Applicant No. 1, are present in SSM 2 3.apl.116.11.doc the Court. Both the Applicants have filed an Affidavit of today’s date undertaking to do certain acts towards the compounding of the disputes between the parties. The said Affidavit is taken on record and marked as “A” for identification. Respondent No. 2-original Complainant has also filed Affidavit of today’s date and the same is taken on record and marked as “B” for identification, in which specifically aggrieving for compounding all the matrimonial disputes between her and Applicant No. 1 and also other disputes regarding offence punishable under Section 498-A of Indian Penal Code lodged against both the Applicants. Today, vide her Affidavit, Respondent No. 2 has also agreed to have received a sum of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousands) by way of Demand Draft and said fact is specifically mentioned in the Affidavit in paragraph no. 6. 3. As the offence of Section 498-A of Indian Penal Code is of a personal nature and affecting the parities to the matrimonial discord, in the opinion of this Court, it would be just and proper to SSM 3 3.apl.116.11.doc allow the parties to amicably settle the said dispute and as such in view of the Affidavits filed by rival parties today, present Criminal Application is allowed with following order: “Case No. 24 of 2010 pending before JMFC, Court No. 8, Thane arising out of F.I.R. No. I/27of 09 of Mira Road Police Station is quashed and set aside.” (A. R. JOSHI J.)