*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1770 OF 2009 Milind Sudhakar Kamble and others. ..Petitioners versus Smt.Pratiksha Milind Kamble and another. ..Respondents ....... Ms.Meena Pande, Advocate for the Petitioners. Ms.P.P.Bhosale, APP for the Respondent/State. The Respondent No.1 present in person. ........ CORAM : S. A. BOBDE, J. DATED : 27th August, 2009. P.C. : 1 Issue notice. The Respondent No.1, present in person, waives service. Taken up for final hearing by consent. 2 This application is made for quashing and setting aside the proceedings under Sections 498-A, 406 r/w 34 of the Indian Penal Code. The Petitioner No.1 was married to the Respondent No.1 according to the Buddhist rites. They have a child called Daksha. It seems that the complaint was filed by the Respondent No.1 against the Petitioners alleging cruelty. The matrimonial proceedings between the Petitioner No.1 and the Respondent No.1 which were also pending have been concluded by filing *2* the consent terms in the Family Court at Bandra. The consent terms are on record at Exhibit-B collectively. 3 Both the Petitioner No.1 and the Respondent No.1 are present in the Court and they state that the dispute between them has been settled. The Respondent No.1 does not wish to prosecute the Petitioners in pursuance of her criminal complaint. It seems that the dispute between the parties is purely personal in nature, in which, the society at large is not concerned. 4 Having regard to the law laid down by the Supreme Court in case of Madan Mohan Abbot Vs. State of Punjab [(2008) 4 SCC 582], I consider it appropriate in the interest of justice to grant this application in terms of prayer clause (b) which reads as follow:- “(b) After calling for the records a Writ of certiorari or any other appropriate writ or direction under Article 227 of the Constitution of India in the like nature be issued to quash and set aside the proceedings of the C.C. No.299/PW/2008 before the Metropolitan Magistrate’s Court 24th at Borivali, Mumbai.” 5 Order accordingly. (S. A. BOBDE, J.)