1 cri.appln. 2945.2010.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION srk CRIMINAL APPLICATION NO. 2945 OF 2010 Haren Narendra Kapasi & Ors. ..Applicants. v/s. Mital Hiren Kapasi & Anr. ..Respondents. .... Mr. Kiran Mehta i/b M/s. Pimenta Kapasi & Co. for Applicant. Ms. Nilima Datha for Respondent No.1. Mr. S.R. Shinde, A.P.P. for Respondent/State. .... CORAM : V.M.KANADE, J. DATE : 22ND JULY, 2010. P.C. 1 Heard learned counsel for the Applicant and learned counsel for the Respondent no.1 (original complainant). 2 This Petition is filed for quashing criminal complaint filed by the Respondent No.1 being Criminal Case No. 654/PW/2009 under sections 498-A, 406 read with section 34 of the Indian Penal 1 2 cri.appln. 2945.2010.doc Code. In the divorce proceedings which were filed in the family court, the Respondent no.1 and the Applicant no.1 herein filed consent terms. The averments and the conditions of the consent terms are that the Respondent shall not contest criminal case and or apply for withdrawal of the said case. The Respondent no.1 has also filed an affidavit in reply in which she has reiterated whatever she has stated in the consent terms and has further stated that she has no objection if the complaint is quashed. Respondent no.1 is also present in court. She has reiterated the contents of the affidavit in reply filed by her. 3 In view of the judgment of the Apex Court in the case of B.S.Joshi and others vs. State of Haryana and another reported in (2003) 4 SCC 675, there is no impediment therefore, to quash the said complaint by consent of the parties, since the dispute is a personal one and the parties have now resolved their disputes and differences. Consent terms are filed in the divorce proceeding filed in the Family Court and decree also has been passed in view of the consent terms on 16th July, 2010. Application accordingly is 2 3 cri.appln. 2945.2010.doc allowed. Criminal Proceedings pending in the Court of Metropolitan Magistrate, 49th Court, Vikhroli, Mumbai vide Criminal Case No.654/PW/2009 are quashed and set aside. Application is accordingly disposed of in view of the aforesaid facts. [ V.M.KANADE, J. ] 3