1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3955 OF 2009 Dnyanesh Ramchandra Katruwar & Ors. ..Applicants versus Smt. Bhakti Dnyanesh Katruwar & Anr. ..Respondents Mr. R. R. Salvi for Applicants. Mr. Pankaj Das for Respondent No. 1. Mrs. R. V. Newton – APP for State. CORAM : S. A. BOBDE, J. DATED : 30TH SEPTEMBER, 2009. P.C. : 1. The applicants have filed this application for quashing the prosecution initiated by the respondent – complainant under Section 498-A of the Indian Penal Code on the ground that the dispute between the parties is settled. 2. The complaint was made by the respondent – wife during the subsistence of marriage. However, apparently the parties have settled their dispute and the applicant No.1 and the respondent No. 1 have obtained decree of divorce by mutual consent, copy of which has been annexed to this application. The respondent – complainant has filed an affidavit in this court stating that the dispute between the parties is settled and she has no 2 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 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: “ This Honourable Court be pleased to quash and set aside criminal case No. 260 of 2009 pending on the file of the learned Chief Judicial Magistrate, Thane and also the C.R. No. I-55/2008 registered at Rabadi Police Station, Thane. 4. Order accordingly. (S. A. BOBDE, J.)