FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.517 OF 2006 CRIMINAL WRIT PETITION NO.517 OF 2006 CRIMINAL WRIT PETITION NO.517 OF 2006 ------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearances, Court’s orders or directions and Registrar’s orders ------------------------------------------------------- Mr.R.A.Yadav for the petitioner. Mr.S.R.Shinde APP for the State. Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 23.3.2006. PC 1. Heard. Rule. By consent rule made returnable forthwith. 2. The challenge in this petition is to a show cause notice issued under Section 111 of Cr.P.C. On perusal of the notice, it is seen that the said has been issued by the Special Executive Magistrate, Worli division, Mumbai on the sole basis of one non cognizable offence. The said non cognizable offence has been registered on the basis of the complaint of one Jayshree A. More and the alleged non cognizable offence pertains to : 2 : personal quarrel. This Court in the case of Perswami Vs. Senior Perswami Vs. Senior Perswami Vs. Senior Inspector of Police reported in Inspector of Police reported in Inspector of Police reported in 2003(4) Mh.L.J. 703 2003(4) Mh.L.J. 703 2003(4) Mh.L.J. 703 has clearly laid down that the object of section 107 is to protect public tranquillity and to prevent possibility of any disturbance to public peace. Domestic quarrels, petty quarrels between neighbouring persons cannot be subject matter of actions to be taken under Section 107. In that case this Court quashed notice under Section 111 which related solely to a private dispute. The ratio of that case is clearly applicable to the facts of the present case. 3. In the circumstances, rule is made absolute in terms of prayer clause-(b). The interim bond which may have been taken under Section 116(3) will also stand cancelled. Petition stands dispsoed of finally. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)