vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.734 OF 2008 CRIMINAL APPLICATION NO.734 OF 2008 CRIMINAL APPLICATION NO.734 OF 2008 Vishal Surinder Kumar Bhasin & Ors. ... Applicants V/s. State of Maharashtra & Anr. ... Respondents Mr.D.S. Mane for Applicants Mr.D.P. Adsule for State Mr.A.V. Singh for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: MAY 2, 2008 MAY 2, 2008 MAY 2, 2008 P.C.: P.C.: P.C.: . Respondent No.2 was married to the applicant No.1. Matrimonial disputes arose between them due to which offences were registered against him vide MECR No.1 of 2007 with the Mulund Police Station under sections 498A, 406 and 34 of the Indian Penal Code. An affidavit is filed by Respondent No.2 who is present in Court. She states in her affidavit that she has no reason to continue with the private dispute between her and the applicants. The marriage between her and applicant No.1 has ended in a divorce by mutual consent. She has received part of the amount mentioned in the consent terms filed before the District Court at Delhi. The balance amount would be received by her after the C.C. No.433/PW/2007 is quashed by this Court. : 2 : 2. This dispute is primarily a matrimonial dispute between the applicant and Respondent No.2 and Respondent No.2 does not wish to proceed with the criminal complaint filed against the applicants. It would thus be futile to continue the proceedings pending before the Metropolitan Magistrate, Mulund, since the prosecution would in all probability not end in a conviction, as held in the case of B.S. Joshi v/s. State of Haryana & anr. reported in AIR 2003 SC 1386 AIR 2003 SC 1386 AIR 2003 SC 1386. In the circumstances of the case, C.C. No.433/PW/2007 is quashed and set aside. 3. Criminal application is disposed of accordingly.