IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.200 OF 2007 Shri Santosh Sampatrao Sawant & Ors. .. Applicants Vs. Mrs.Jyoti Santosh Sawant & Anr. .. Respondents Ms.Bhavna Y. Tandel i/by Shri Manish D.Alwe for the Applicants. Mr.S.P.Kadam & Mr.J.B.Choudhary for Respondent No.1. Mr.Y.S.Shinde, A.P.P for the State-Respondent No.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 11th July 2008. P.C.: . By this petition under section 482 of the Code of Criminal Procedure, 1973 a prayer is made for quashing the FIR registered at the instance of the first respondent. 2. The FIR is the outcome of the matrimonial dispute between the first applicant and the first respondent. The first respondent alleged commission of offences punishable under section 498-A, 406, 420 read with section 34 of the Indian Penal Code against the applicants. The second and third applicants are the parents of the first applicant. The matrimonial dispute between the parties subsequently came to an end in August 2006 when a decree of divorce by mutual consent was passed by the Family Court at Mumbai. In the consent terms filed before the Family Court, the first : 2 : respondent agreed not to prosecute the criminal proceedings. The applicants are seeking quashing of the proceedings on the basis of the settlement between the parties. 3. The first respondent has filed an affidavit. In the said affidavit she has stated thus: ". I further say that the applicant No.1 and myself had jointly filed consent terms dated 23.08.2006 alongwith supporting affidavits which were taken on record by Hon’ble Family Court in M.J.Petition No.F-395/2006 wherein I had agreed to withdraw the criminal case under sections 498-A, 406 of the IPC filed by me vide C.R.No.274 of 2004 at Borivali police station (Court Case No.1843/pw/2005) which is pending before Metropolitan Magistrate’s 26th Court at Borivali, Mumbai. . I say that I have no objection to grant the aforesaid application filed by the applicants abovenamed in this Hon’ble Court as myself and the applicant No.1 have already compounded the matter between ourselves outside : 3 : the Court. . I, therefore, give my full and final consent for quashing C.R.No.274 of 2004 and C.C.No.1843/pw/2005 pending before 26th Court of Metropolitan Magistrate, Borivali, Mumbai, subject to the approval and sanction by this Hon’ble Court." 4. In view of what is stated above, no purpose will be served by continuing the criminal proceedings. The continuation of criminal proceedings will cause unnecessary harassment to all the parties concerned. This is a fit case for exercising power under section 482 of the said Code for quashing the proceedings. 5. Hence, I pass the following order: (i) Rule is made absolute in terms of prayer clause (b). (ii) The parties and the concerned Court to act upon an authenticated copy of this order. : 4 : (A.S.Oka,J)