1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4374 OF 2009 Praful Sampatraj Jain & Ors. ..Applicants versus The State of Maharashtra & Anr. ..Respondents Mr. Vinit Jain for Applicants. Mrs. U. V. Kejariwal – APP for State. Mr. Prashant Thakre for Respondent No. 2. CORAM : S. A. BOBDE, J. DATED : 1ST OCTOBER, 2009. P.C. : 1. The applicants have filed this Application for quashing the prosecution initiated by the respondent No. 2 – complainant under Section 498-A, 34 and 406 of Indian Penal Code. 2. The learned counsel for the applicants states that there has been a settlement between the parties. The respondent No. 2 – complainant has filed an affidavit in which she has stated vide a paragraph 3 that they have settled the dispute between them and that applicant No.1 and the respondent No. 2 – complainant have decided to obtain divorce by mutual consent. In paragraph 7 she has stated that applicants should not be prosecuted and the prosecution may be quashed. The respondent No. 2- complainant has 2 appeared in court and has stated that the dispute between them has been amicably settled and she has decided that the applicants should not be prosecuted. She has further stated that the settlement is voluntarily and of her own free will. The learned counsel for the respondent No. 2 – complainant thus joins the prayer for quashing the FIR on the ground that it is settled. 3. Having regard to the dispute, which is personal in nature in which the public at large is not involved and having regard to the law laid down in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to allow this Application in terms of prayer clause (a), which reads as follows: “ That this Hon’ble Court be pleased to issue appropriate order or direction quashing the FIR, namely C.R. No. 63 of 2007 and C.C. No. 616/PW 2007 against the applicants pending before the 25th Court of the Learned Metropolitan Magistrate, Mazgaon, Mumbai and the proceedings arising out of the said FIR against the applicants herein;” 4. Order accordingly. (S. A. BOBDE, J.)