: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1328 OF 2009 CRIMINAL APPLICATION NO.1328 OF 2009 CRIMINAL APPLICATION NO.1328 OF 2009 Aruna Mahtani & Ors. ... Applicants V/s. The State of Maharashtra & Anr. ... Respondents Ms.Shreya Deodhar for the Applicants. Ms.A.T. Jhaveri, APP, for Respondent No.1. Mr.G.V. Gavand for Respondent No.2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 21ST APRIL, 2009. DATE : 21ST APRIL, 2009. DATE : 21ST APRIL, 2009. P.C.: P.C.: P.C.: 1. Rule. The learned APP waives service for the first respondent. The learned Advocate for the second respondent waives service. Taken up forthwith for final disposal. 2. By this application under Section 482 of the Code of Criminal Procedure, 1973, a prayer is made for quashing criminal proceedings initiated on the basis of FIR lodged by the second respondent alleging commission of offences under Sections 454, 452, 506, 34, 143, 147 and 149 of the Indian Penal Code. The allegation in the FIR is that aunt of the second respondent was occupying the premises for 39 years as : 2 : a tenant. The second respondent claimed that she was residing with her for a period of 9 years. The allegation is that on 21st March, 2008, the accused broke open the lock on the premises and threatened the second respondent. It appears that a civil suit was filed by the first applicant in the City Civil Court at Bombay to which the second respondent and a Co-operative Society were party-Defendants. A consent decree has been passed in the said civil suit in terms of consent terms filed by the first applicant and the second respondent. The consent terms record settlement of disputes between the first applicant and the second respondent. The prayer in this application is for quashing the criminal proceedings on the basis of the said settlement arrived at between the parties. 3. The Advocate for the second respondent states that the second respondent is personally present in the Court. He has tendered affidavit of the second respondent. The affidavit is marked "X" and is taken on record. In the said affidavit, the second respondent has stated that all disputes between the first applicant and herself have been completely settled and she has recorded her no objection for quashing the proceedings. : 3 : 4. Perusal of the FIR shows that a dispute relating to possession of the immovable property led the second respondent to lodge the FIR. Now the dispute has been completely settled. Hence, no purpose will be served by continuing the criminal proceedings as continuation thereof will cause undue harassment to both the parties. Hence this is a fit case to exercise powers under Section 482 of the said Code. 5. Hence, I pass the following order : "O R D E R" "O R D E R" "O R D E R" Rule is made absolute in terms of prayer clause (a). [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]