1 21.APL.1181-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1181 OF 2011 Mrs.Nilima Vilaskumar Kharat and others. ..Applicants. Vs. State of Maharashtra. ..Respondent. .......... Mr.P.B. Deo, Advocate for the Applicants. Mrs.R.M. Gadhvi, A.P.P. for the State. .......... CORAM : A.R. JOSHI, J. DATED : 17TH DECEMBER, 2011. P.C. 1. This is a peculiar application for quashing criminal case lodged by present applicant No.1 against applicant Nos.2 & 3. What is prayed by the present Application by all the three applicants that the criminal proceeding under the provisions of Section 498A r/w. Section 34 of IPC is required to be quashed as against present applicant Nos.2 & 3 (husband & his father) on the ground of compounding of all the disputes between husband and wife (applicant Nos.1 & 2). 2. All the applicants i.e. original complainant and accused Nos.1 & 2 are present before the Court and they have confirmed having filed the present joint Application for putting an end to the Criminal Case No.343/2008 now renumbered Regular Criminal Case No.441/2010 2 21.APL.1181-11 pending before the J.M.F.C., Panvel, District – Alibaug, Raigad. 3. All the three applicants state that all the disputes were compounded between the parties and applicant No.1 wife wants to withdraw the concerned proceedings for the offences punishable under Section 498A read with Section 34 of IPC lodged against applicant Nos.2 & 3. 4. Learned Advocate Mr.P.B. Deo for all the applicants had identified them and stated that except the present matter to be quashed all other disputes are already compounded. 5. Earlier repeated applications were made before the concerned J.M.F.C. Court, Panvel for compounding all the offences, however, in view of the specific provisions under Section 320 of Cr.P.C. said applications were rejected. 6. Under the special circumstances and considering that the said matter is of matrimonial dispute, however, compounded between the parties and admittedly the husband and wife are cohabiting together, it would be futile to continue with the proceedings under Section 498A read with Section 34 of IPC against the accused persons and in that view of the matter it would be in the interest justice to put an end to the present proceedings. 3 21.APL.1181-11 7. Hence, present Criminal Application is allowed. Consequently the pending Regular Criminal Case No.441 of 2010 pending before the J.M.F.C. Panvel is hereby quashed and set aside. 8. Criminal Application is disposed of accordingly. (A. R. JOSHI, J.) PPD