:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4093 OF 2008 Ms. Tabbasum Banoo Gulam Nabi Khan ..Petitioner Vs. 1. The State of Maharashtra and anr. ..Respondents Mr. K.S. Patil for petitioner. Mr. A.M. Saraogi for respondent no.2. Mr. S.R. Shinde, APP for State. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. Date : November 19, 2008. Date : November 19, 2008. Date : November 19, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the petitioner-original accused, the learned Advocate for the respondent no.2-original complainant and the learned APP. The complainant Gulnaz Bashir Ahmed Shaikh is present before the court. 2. A private complaint came to be filed by the respondent no.2 against the petitioner i.e. C.C. No.253/M/2006 and it was pending before the learned :2: Metropolitan Magistrate, 26th Court, Borivali, Mumbai. The said case is under Sections 420, 467, 468, 471 read with Section 34 of IPC. The learned Magistrate has referred the said case under Section 156(3) of Cr.P.C. to Malwani Police Station for investigation. There, it came to be registered as M.E.CR No. 2 of 2006 of Malwani Police Station. 3. The petitioner is seeking quashing of MECR No. 2 of 2006 of Malwani Police Station. The complainant, who is present in person, has stated that the dispute has been amicably settled between the parties and she does not wish to peruse her complaint. She has further stated that she has no objection if the present petition is allowed and the proceedings are quashed. She has also tendered affidavit to the above effect which is taken on record and marked "X" for identification. 4. In view of the decision of the Apex Court in the case of B.S. Joshi and another vs. State of Haryana and another, reported in JT 2003(3) S.C. 277 JT 2003(3) S.C. 277 JT 2003(3) S.C. 277, the prayer of the petitioner can be considered. :3: 5. In view of the above facts, in order to maintain peace and harmony and in the interest of justice, I am inclined to quash the proceedings. 6. Hence, MECR No. 2 of 2006 of Malwani Police Station and the proceedings relating thereto are quashed. (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.)