1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2229 OF 2010 Mr.Anil Chandulal Gupta & Ors. ...Applicants vs. Mrs.Sonu Anil Gupta & Anr. ...Respondents Mr.Shailesh Kantharia for the Applicants/Petitioners. Mr.Shaunak Mehta for Respondent No.1. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : JUNE 14, 2010 P.C. :- 1 Heard Counsel for the applicants and Counsel for respondent no.1. 2 This is an application for quashing criminal complaint filed by respondent no.1 against the applicants herein for the offence punishable under Section 498A read with 34 of the IPC vide 2 C.R.No.194/2007 registered with the Oshiwara Police Station. Respondent no.1 has filed affidavit dated 27th April, 2010 in which she has stated that she has no objection if the criminal complaint is quashed. She has also stated that she has filed Consent Terms before the Family Court on 10th June, 2009 in which she has agreed to withdraw all allegations against the present petitioners. She has no objection if the criminal complaint is quashed. 3 In view of the Consent Terms filed by both the parties in the Family Court and in view of the affidavit in reply filed by respondent no.1, this is a fit case for quashing the criminal complaint filed by respondent no.1 to the Oshiwara police station for the offence punishable under Section 498A read with 34 of the IPC. Both the petitioner no.1 and respondent no.1 are present in the court. Respondent no.1 has reiterated the contents of her affidavit and has stated that she has no objection for quashing the complaint. 3 4 In view of the several judgments of the Apex Court and this Court, in my view, there is no impediment for quashing the criminal complaint filed against the petitioners, more particularly, because the dispute of the complaint filed by respondent no. 1 against the petitioners is a personal one and in view of the ratio of the judgment in the case of B.S. Joshi and others vs. State of Haryana and another, reported in AIR 2003 Supreme Court 1386, this Court is competent to quash the criminal complaint under Section 482 of the Cr.P.C. 5 Criminal Application, accordingly, is allowed. The criminal complaint filed by respondent no.1 for the offences punishable under Section 498A read with 34 of the IPC registered vide C.R.No.194 of 2007 with the Oshiwara Police Station and the criminal case which is pending in the court of the learned Metroplitan Magistrate, 22nd Court, Andheri, arising out of the said complaint vide case No. 4 1144/PW/2007 is quashed and set aside. 6 Criminal Application is disposed of. (V.M. KANADE, J.)