IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.702 OF 2007 Mohammed Asif Irfan Dhorajiwalla & Anr. .. Applicant Vs. The State of Maharashtra & Ors. .. Respondents Mr.A.Y.Solkar i/by H.A.Solkar for the Applicant. Mr.D.P.Adsule, A.P.P for the State. Mr.Niranjan Mundargi for the Respondent No.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 11th August 2008. P.C.: . Rule. Advocate for the 2nd respondent waives service. The learned A.P.P waives service for the 1st respondent. Forthwith taken up for hearing. 2. The prayer in this application under section 482 of the Code of Criminal Procedure, 1973 is for quashing criminal proceedings initiated on the basis of F.I.R lodged by the 2nd respondent alleging commission of offence under section 380 read with section 34 of the Indian Penal Code against the petitioners and the 3rd respondent. In this application it is stated that there is a settlement between the parties. The marriage between the 1st applicant and the daughter of the 1st : 2 : informant (2nd respondent) herein has been dissolved by a divorce under the Muslim Law. 3. The allegation in the F.I.R filed by the 2nd respondent was that the 1st applicant and the daughter of the 2nd respondent had a love affair. The F.I.R filed by the 2nd respondent alleged that the applicants and the 3rd respondent were frequently visiting her residence to meet her daughter Vandana. The allegation is that her ornaments and other valuables were taken by the applicants and the 3rd respondent. 4. An affidavit in reply has been filed by the 2nd respondent. In the said reply it is stated that the F.I.R was lodged by her out of misunderstanding. Paragraph Nos.4 to 6 of the reply read thus: "4. I state that the Applicant No.1 and my daughter were married with each other under Muslim Personal Law after my daughter embraced Islam. However, the said marriage between Applicant No.1 and Vandana, my daughter has been dissolved (divorced) by Kulunama under Muslim Law and the same in Urdu as well as translated in English is exhibited herewith-Annexure I. : 3 : 5. I state that in the aforesaid, I do not wish to continue with the prosecution against any of the Accused/Applicants. 6. I state that I have no objection if the proceedings in C.C.No.43/P.W./04 on the file of Ld.Metropolitan Magistrate, 9th Court, Bandra, Mumbai, is quashed." 5. In view of the statement on oath made by the 2nd respondent, now no purpose will be served by continuing the prosecution. It is obvious that chances of conviction are bleak. This is a case were the power under section 482 of the said Code will have to be exercised for quashing the proceedings. Accordingly, rule is made absolute in terms of prayer clause (a). The parties and concerned Court to act upon an authenticated copy of this order. (A.S.Oka,J)