* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 607 OF 2009 ( HABIB MEHBOB KHAN & 3 ORS.V/S.SMT.FARZANA HABIB KHAN & ANR.) ___________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or Court's or Judge's directions and Registrar's orders orders ___________________________________________________________ Mr.Mohammed Hussain, adv.for petitioner. Mr.Anil R.Mehta,adv.for respondents. Mrs.P.P.Shinde, APP for State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 24TH MARCH, 2009. P.C. : 1. Petitioners no.1, 2 and 4 and respondent no.1 are present in court. The counsels for the petitioners and respondent no.1, state that petitioner no.1 and respondent no.1 who are husband and wife have resolved their marriage and filed consent terms in the * 2 * family court proceedings being A- 754/2008. One of the terms of the consent terms is that in view of the talaq settlement, respondent-wife shall withdraw proceedings filed under 498A I.P.C. filed by her in the court of Metropolitan Magistrate at Andheri. 2. The counsels rely upon the decision of the Apex Court in the case of B.S.JOSHI & ORS.V/S.STATE OF HARYANA & ANR.reported in 2003 Cri.L.J.page 2028 and submit that since the dispute in the complaint is a personal dispute arising out matrimonial relationships and since the dispute is now settled, the criminal proceedings are no more meaningful proceedings and no purpose will be served by retaining the same on record. Therefore, the same deserves to be quashed. 3. I have perused the proceedings * 3 * and the consent terms. Since the criminal proceedings arise out of matrimonial relationships, the same are personal to petitioner no.1 and respondent no.1. The other petitioners are family members of petitioner no.1. In that circumstance, no useful purpose will be served by continuing with the proceedings and the same can be quashed in view of the decision in the case of B.S.Joshi& Ors. Hence the order. O R D E R (i) The petition is allowed. The proceedings in C.C.No.2966/PW/2008 pending in the court of Metropolitan Magistrate, 22nd Court, Andheri under Section 498A read with Section 34 IPC, are hereby quashed. [JUDGE] * 4 *