* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 557 OF 2009 (Mrs.Swarna Subramanyam V/s.Jagannath Radhakrishnan & Ors.) ___________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or Court's or Judge's directions and Registrar's orders orders ___________________________________________________________ Ms.Manjula Rao,adv.for petitioner. Mr.Leroy Collaco,adv.for respondents no.1 and 2. Mrs.P.P.Shinde, APP for State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 30TH MARCH, 2009. P.C. : 1. Liberty to the petitioner to correct the prayer clause of the petition. 2. Petitioner and respondent no.1 are present in court. The counsels for the petitioner and respondents state that petitioner and respondent no.1 who are wife and husband have resolved their dispute and filed consent terms in the * 2 * family court proceedings being A- 1076/2007. One of the terms of the consent terms is that petitioner- wife shall withdraw proceedings filed by her under 498A I.P.C. in the 22nd Court of Metropolitan Magistrate at Andheri against respondents no.1 and 2. 3. The counsels rely upon the decision of the Apex Court in the case of B.S.JOSHI & ORS.V/S.STATE OF HARYANA & ANR.reported in 2003 Cri.L.J.page 2028 and submit that since the dispute in the complaint is a personal dispute arising out matrimonial relationships and since the dispute is now settled, the criminal proceedings are no more meaningful proceedings and no purpose will be served by retaining the same on record. Therefore, the same deserves to be quashed. 4. I have perused the proceedings * 3 * and the consent terms. Since the criminal proceedings arise out of matrimonial relationships, the same are personal to petitioner and respondent no.1. Respondent no.2 is the mother of respondent no.1. In that circumstance, no useful purpose will be served by continuing with the proceedings and the same can be quashed in view of the decision in the case of B.S.Joshi& Ors. Hence the order. O R D E R (i) The petition is allowed. The Criminal complaint filed by petitioner against respondents no.1 and 2 vide FIR No.1087/PW/2007 (C.R.No.128/2007) pending in the court of Metropolitan Magistrate, 22nd Court, Andheri under Section 498A read with Section 34 IPC, is hereby quashed. * 4 * [JUDGE]