-: 1 :- apl-1159/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1159 OF 2011 Himanshu Pradeep Shah and Ors. ..Applicants. Versus Meghna Himanshu Shah and Another. ..Respondents. Mr. Ashok Bhatia for the Applicants. Mr. Ramesh Cheda for R-1. Mr. D. R. More, APP. Coram : RANJIT MORE, J. Date : December 12, 2011. P. C. : 1. Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2. By the present application, the Applicants have prayed for quashing the criminal proceedings of Criminal Case No. 81/PW/2009 pending on the file of Metropolitan Magistrate, 49th Court, Vikhroli, Mumbai arising out C.R. No. 408 of 2008. The said criminal proceeding was initiated by the Ghatkopar Police Station at the instance of respondent no.1 for the offences punishable under sections 498A and 406 read with 34 of IPC. 3. The marriage between the petitioner and respondent no. srp -: 2 :- apl-1159/11 1 was solemnised on 18/12/2004, however, in view of the differences in their natures, they are residing separately since 7/10/2007. The FIR mentioned above came to be registered on 8/12/2007. Respondent no.1 also filed a divorce petition being M.J. Petition No.A-144/2009 in the Family Court at Bandra. 4. During the pendency of above proceedings, parties have settled their dispute amicably and have filed consent terms in the Family Court. A copy of the consent terms is annexed at Exhibit-B to the present petition. Under the said consent terms, respondent no.1 has agreed to withdraw the complaint filed by her under the provisions of Protection of Women from Domestic Violence Act, 2005 as well criminal proceedings initiated by her under the provisions of section 498A and 406 read with 34 of IPC. It is submitted by the learned counsel for the respective parties that the proceeding under the Domestic Violence Act is already withdrawn and the present Applicant under section 482 of Cr.P.C. is taken out for quashing of criminal proceedings of Case No.81/PW/2009 for the offence punishable under section 498A and 406 of IPC. Under clause (6) of the consent terms, respondent no.1 has specifically agreed to withdraw the said proceedings. 5. Respondent no.1 has filed affidavit. In the said affidavit -: 3 :- apl-1159/11 she has re-iterated and re-affirmed whatever is stated in the consent terms. She has also stated that she has no objection for quashing the said criminal proceedings initiated at her instance against the Applicants. 6. The applicants and respondent no.1 are present in the Court. Respondent no.1, on query, submitted that she has gone through the Application and she has very well understood the contents of the same. She also re-iterated whatever is stated by her in her affidavit. On specific query, she submitted that she has no objection if the aforesaid criminal proceeding initiated by her against the petitioners under the provisions of sections 498-A and 406 of IPC is quashed. Thus, it can be seen that the parties have settled their dispute amicably. 7. A perusal of the complaint would reveal that it is basically a matrimonial dispute, the allegations made therein are personal in nature and there is no element of public law involved in the crime. 8. In view of the law laid down by the Apex Court in the case of Madan Mohan Abbot v/s. State of Punjab, [(2008) 4 SCC 582], I find that no purpose would be served by keeping the aforesaid criminal proceeding pending except burdening -: 4 :- apl-1159/11 the Criminal Courts, which are already overburdened. In that view of the matter, I find that in the interests of justice the aforesaid criminal proceeding is required to be quashed. However, at the same time, the costs need to be saddled on the parties for setting in motion the police machinery for settling their personal disputes. 9. In the light of above, rule is therefore made absolute in terms of prayer clause (a), however, subject to costs quantified at Rs.3,000/-. Costs to be paid by the Applicants by drawing a demand draft in the name of Police Welfare Fund, Mumbai Police, Mumbai. The said demand draft be deposited with the office of Public Prosecutor, High Court, Mumbai within a period of three weeks from today and receipt thereof be placed on the record of the present matter. (RANJIT MORE, J.)