bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 1333 OF 2008 APPLICATION NO. 1333 OF 2008 APPLICATION NO. 1333 OF 2008 Nilesh Ashok Raje & ors. ... Applicants v/s State of Maharashtra & anr. ... Respondents Mr.Sayaji D. Nangre for the applicants. Smt.A.A.Mane, A.P.P. for the respondent No.1 State. Mr.R.S.Shekhawat for the respondent No.2. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 5TH MAY, 2008 5TH MAY, 2008 5TH MAY, 2008 P.C. P.C. P.C.: 1. The applicant No.1 was married to the respondent No.2 on 3.6.2006. Some disputes arose between the applicant No.1 and the respondent No.2. Respondent No.2 lodged a complaint against the applicants (applicant Nos.2 and 3 being the parents of applicant No.1) for offences under Sections 498A, 406, 420 and 34 of the Indian Penal Code. A proceeding pending against the applicants before the J.M.F.C., 11th Court, Thane has been registered as C.C.No.504 of 2007. 2. The marriage between applicant No.1 and respondent No.2 has been dissolved by mutual consent on 5.4.2008. 2 Consent terms were filed before the Family Court on that day and the decree was passed on 10.4.2008. In the consent terms the respondent No.2 has agreed not to continue with the criminal proceedings and to make a joint application for quashing the proceedings pending before the J.M.F.C. 3. Respondent No.2 who is present in Court today has filed an affidavit averring that she does not desire to proceed with her complaint against the applicants. 4. In view of the fact that the likelihood of the prosecution against the applicants ending in a conviction being remote since the respondent No.2 does not support the complaint now, it would be futile to keep the proceedings pending before the J.M.F.C. 5. The Supreme Court in the case of B.S.Joshi & ors. B.S.Joshi & ors. B.S.Joshi & ors. v/s v/s v/s State of Haryana & anr., reported A.I.R. 2003 SC State of Haryana & anr., reported A.I.R. 2003 SC State of Haryana & anr., reported A.I.R. 2003 SC 1386 1386 1386 and in the case of Madan Mohan Abbot v/s State of and in the case of Madan Mohan Abbot v/s State of and in the case of Madan Mohan Abbot v/s State of Punjab, Punjab, Punjab, (Criminal Appeal No.555 of 2008), dated on (Criminal Appeal No.555 of 2008), dated on (Criminal Appeal No.555 of 2008), dated on 26.3.2008 26.3.2008 26.3.2008, has observed that where the offences complained of between the parties are personal in nature and the likelihood of the trial ending in a conviction is negligible, it would be in the interest of justice to quash such proceedings. 3 6. Criminal Application allowed. 7. The proceedings pending before the J.M.F.C. 11th Court, Thane being C.C.No.504 of 2007 arising out of C.R.No.I-562 of 2006 registered at Naupada Police Station, Thane, are quashed.