10. cr appln 3301-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3301 OF 2010 Mitesh Nalin Kampani & Ors .. Applicants Vs The State of Maharashtra & Ano. .. Respondents Mr. S.R. Mithare i/b Mr. Shounak Mehta for the Applicants Ms. Pooja Saxena for Respondent No. 2 Mr. V.B. Konde-Deshmukh, APP for the State Ms. Kajal Mitesh Kampani Respondent No 2 is present CORAM : SMT. V.K. TAHILRAMANI, J DATE : 30th AUGUST, 2010. P.C.: 1 Heard learned advocate for the applicants, learned advocate for respondent no. 2 wife and the learned APP for the State 2 Respondent No. 2 was married to applicant no. 1. Applicant Nos. 2 and 3 are father and mother of applicant no. 1. Applicant no. 4 is the sister of applicant no. 1. The applicants are the original accused in C.R. No. 296 of 2008 registered with Dindoshi Police Station, Mumbai under Sections 498(a), 506(ii), 323 read with Section 34 of the IPC. The said C.R. came to be registered against the 1 10. cr appln 3301-10.doc applicants on a complaint by respondent no. 2. The applicants are seeking quashing of the said FIR and proceedings relating thereto. 3 The learned advocate for the respondent no.2-wife states that the matter has been amicably settled between the parties. The learned counsel for the respondent-wife states that in view of the amicable settlement, respondent no.2-wife has no objection to this Court quashing the FIR and proceedings relating thereto. She tendered affidavit of respondent no.2-wife to the above effect which has been taken on record and marked X for identification. 4 In a decision of the Supreme Court in case of Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, it is observed as follows: "We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly ovberburdened as they are, cannot afford and that the time so saved can be utilized in deciding more 2 10. cr appln 3301-10.doc effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law". In the said case, application was filed for quashing of FIR under various sections including 406 of IPC and on account of compromise entered into between the complainant and the accused, the said case came to be quashed. 5 In a decision of the Supreme Court in the case of State of Karnataka Vs. L. Muniswamy and Ors. reported in 1977 Cr.L.J. 1125 the Supreme Court referred to Section 482 of the Cr.P.C. and observed that in exercise of the wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court further observed that this power is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. 6 In a decision of this Court in Kiran Tulshiram Ingale Vs. Smt. Anupama P.Gaikwad and Ors. 2006 Cri.L.J.4591, it was 3 10. cr appln 3301-10.doc held that in case of matrimonial offence, if there is an amicable settlement, criminal proceedings can be quashed by the High Court in exercise of inherent powers. 7 Thus, in view of the above decisions and keeping in mind the fact that the case pertains to a matrimonial dispute and in view of amicable settlement between the parties, I am inclined to quash the proceedings. 8 In the result, C.R. No. 296 of 2008 registered with Dindoshi Police Station, Mumbai and proceedings relating thereto is quashed. 9. Petition is disposed of. [SMT. V.K. TAHILRAMANI, J.] 4 10. cr appln 3301-10.doc 5