bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 1148 OF 2008 APPLICATION NO. 1148 OF 2008 APPLICATION NO. 1148 OF 2008 Mr.Ayub Hussain Shaikh & ors. ... Applicants v/s 1. State of Maharashtra 2. Mrs.Gazala Begum Ayub Shaikh ... Respondents Mr. Aslam Khan for the applicants. Smt.A.A.Mane, A.P.P. for the respondent No.1 State. Mr.M.I.Y.Solkar for the respondent No.1. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 25TH APRIL, 2008 25TH APRIL, 2008 25TH APRIL, 2008 P.C. P.C. P.C.: 1. This application has been filed for quashing the proceedings in Criminal Case No.R.C.C.No.853 of 2006 pending before the 10th Judicial Magistrate First Class, Thane. These proceedings were in respect of offences allegedly committed under Sections 498A, 406, 323, 506 read with Section 34 of the Indian Penal Code. Respondent No.2 - wife, is the complainant. She is present in Court. She has settled the matrimonial dispute with the petition No.1. Consent terms are on record. I have ascertained from her whether she has received the amount stipulated under the consent terms 2 and that she has no grievance against the petitioner No.1. 2. In these circumstances, it would be futile to continue with the prosecution against the petitioners as in all probability there would be no evidence to prove the case of the prosecution. It would, therefore, be expedient and in the interest of justice to quash the aforesaid proceedings. 3. Criminal Case No.R.C.C.No.853 of 2006 pending before the 10th Judicial Magistrate First Class, Thane, is quashed. 4. Application disposed of accordingly.