1 (Crim Appln 4683 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4683 OF 2010 Mohan Salekar ...Applicant Vs. State of Maharashtra and Anr. ...Respondents ----- Mr.Rajendra Sorankar for Applicant Mr.P.S. Hingorani -APP for the State Mr.Manoj Sitapure for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 14TH OCTOBER, 2010 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant, Respondent No.2 and the learned APP for the State. 2. This is an application filed by the Applicant for quashing the criminal complaint filed by Respondent No.2 vide FIR No. 218 of 2008 for the offence punishable under sections 498-A, 420, 406, 323, 506 r/w. 34 of the Indian Penal Code which is registered 2 (Crim Appln 4683 of 2010) with N.M. Joshi Marg Police Station. 3. It is submitted that the Applicant and Respondent No.2 have settled the dispute amicably and they have filed the consent terms in the petition for divorce by mutual consent filed by them in the Family Court at Bandra. In the consent terms, Respondent No.2 has undertaken to withdraw the complaint and give her no objection for quashing the said complaint. Respondent No.2 is present in the Court. Upon enquiry, she has stated that she has no objection if the complaint is quashed. 4. Since the dispute between the parties is personal one and in view of the judgments of the Apex Court in the cases of (1) B.S. Joshi vs. State of Haryana reported in AIR 2003 SC 1386 (2) Jagish Chanana vs. State of Maharashtra and Anr. reported in AIR 2008 SC 1968 (3) Madan Mohan Abbot vs. State of Punjab,reported in AIR 2008 SC 1969, there is no impediment in quashing the criminal complaint. The application, therefore, is allowed and the FIR No. 218 of 2008 dated 28.07.2008 for the offence punishable under sections 498-A, 420, 406, 323, 506 r/w. 34 of the Indian Penal Code registered with N.M. Joshi Marg Police Station and the criminal case arising out of C 3 (Crim Appln 4683 of 2010) No.429/PW/2009 pending in the Court of Metropolitan Magistrate, 29th Court, Bhoiwada, Dadar, Mumbai is quashed and set aside. 5. Application is, accordingly, allowed and disposed of. (V.M. KANADE J.)