1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 476 OF 2009 1 Dr. Anurag s/o Kapoorchand Jain age 36 years, occ. Medical Practice r/o Christ School Road, Opp. Goyal Bhavan, Guna Dist. Guna (M.P.) 2 Mr. Kapoorchand s/o Nathuram Jain age 66 years, occ. Private Service r/o 286, “Panchawati”, Civil Lines Station Road, Lalitpur (U.P.) 3 Smt. Asharfidevi w/o Kapoorchand Jain age 62 years, occ retired teacher r/o 286, “Panchawati”, Civil Lines, Station Road, Lalitpur (U.P.) .. PETITIONERS VERSUS 1 The State of Maharashtra through police station Kranti Chowk, Aurangabad. 2 Dr. Sapna d/o Mr. Ashokkumar Jain age 35 years, occ. Medical Practice r/o “Samarpan Building” opp. Nandadeep Society, Padampura Aurangabad .. RESPONDENTS Shri J.N. Singh, Advocate for the petitioner. Shri Dilip Bankar Patil, APP for the State. Dr. Sapna d/o Mr. Ashokkumar Jain, party in person. ===== 2 CORAM : R. M. BORDE, J. DATE : 9 th July, 2009. ORAL JUDGMENT : 1 Rule. Rule made returnable forthwith. With the consent of the parties, the matter is taken up for final disposal at admission stage. 2 This petition is filed by the petitioner / husband seeking quashment of criminal proceeding initiated in pursuant to registration of crime no. I-303/05 registered at Kranti Chowk police station, Aurangabad. 3 Respondent no. 2 herein lodged information with Kranti Chowk police station alleging commission of offence punishable under section 498A of the Indian Penal Code r/w sections 3 and 4 of the Dowry Prohibition Act, 1961 which came to be registered as Crime No. I-303/05. Police after investigation in the matter has submitted charge sheet to the court and criminal case is pending before the Chief Judicial Magistrate, Aurangabad being RCC no.44/2006. In the meantime, in civil proceeding in respect of dissolution of marriage pending before the court of Additional District Judge, Guna, (M.P.), the parties arrived at settlement. Accordingly, decree of dissolution of marriage has been passed in HMA No. 1/2006 by the Additional District Judge, Guna on 21-2-2007. In the terms of settlement presented to the court of Additional District Judge, Guna, the wife has undertaken to withdraw all the complaints including the instant complaint presented under section 498-A of the Indian Penal Code r/w sections 3 and 4 of the Dowry Prohibition Act so also proceeding under section 125 of the Code of Criminal Procedure. In view of settlement of matrimonial dispute 3 between the parties, there subsists no triable issue between the parties. 4 On presentation of the instant writ petition, notice was directed to be issued to the respondent wife. In response to the notice, respondent no. 2 has caused appearance in person and has tendered an affidavit. In the affidavit it is admitted by respondent wife that marriage between petitioner and herself has been dissolved by virtue of decree passed by the competent court. It has further been stated by respondent no. 2 that she is not interested in prosecuting the criminal proceedings pending against the petitioner. In view of the settlement arrived at between the parties and in view of affidavit presented by respondent no. 2, there is no reason to force parties to continue to litigate and pursue criminal proceeding. In this view of the matter, the petition deserves to be allowed and the same is accordingly allowed in terms of prayer clause ‘B’. Rule is accordingly made absolute. ( R. M. BORDE, J.) dyb/office/cwp476.09.odt Authenticated copy (Mrs. D. Y. Bhogle) P.A. to the Hon’ble Judge