bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1328 OF 2003 PETITION NO. 1328 OF 2003 PETITION NO. 1328 OF 2003 1. Shri Umakant Laximan Chippa 2. Sau Lalman Laximan Chippa ... Petitioners v/s 1. Anita Umakant Chippa 2. The State of Maharashtra ... Respondents Smt.Jyoti Chavan i/by Mr.Vinod Singh for petitioners. Mr.S.U.Dhakephalkar for the respondent No.1. Mr.P.A.Pol, A.P.P. for the respondent No.2 State. ALONGWITH ALONGWITH ALONGWITH CRI. CRI. CRI. WRIT PETITION NO. 325 OF 2004 WRIT PETITION NO. 325 OF 2004 WRIT PETITION NO. 325 OF 2004 Sou. Anita Umakant Chippa ... Petitioner v/s Shri Pradeep Narsappa Pedaram & ors. ... Respondents Mr.S.U.Dhakephalkar for the petitioner. Smt.Jyoti Chavan i/by Mr.Vinod Singh for respondent Nos. 1 to 3. Mr.P.A.Pol, A.P.P. for the respondent No.4 State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 4TH JULY, 2008 4TH JULY, 2008 4TH JULY, 2008 P.C. P.C. P.C.: 1. The 1st petitioner in the present petition was 2 married to respondent No.1. Respondent No.1 has filed a Writ Petition No.325 of 2004 (for the purposes of the convenience they will be referred to as husband and wife, respectively). 2. Petitioner No.2 in Writ Petition No.1328 of 2003 is the mother of petitioner No.1 i.e. the husband. The decree of divorce was passed by the Family Court, Solapur on 31.3.2007 in H.M.P. No.186 of 2006. An appeal has been preferred by the wife against that decree. The wife has filed a complaint bearing Regular Criminal Case No.115 of 2000 against her husband, parents-in-law, sister-in-law and her husband’s uncle alleging that they had committed offences under Sections 498A, 323 read with Section 34 of the I.P.C. 3. Process was issued against the husband and mother-in-law by the J.M.F.C. However, the complaint against the others was dismissed. Aggrieved by this order, the husband has filed a revision challenging the process issued against him and his mother, while the wife has filed a revision challenging the dismissal of the complaint and the non-issuance of process against other persons/accused for committing offences under Sections 498A and 323 read with Section 34 of the I.P.C. 3 4. Parties to the dispute have decided to arrive at an amicable settlement and accordingly consent terms have been arrived at by the parties. The wife will receive a sum of Rs.2,00,000/- by way of permanent alimony. The wife has agreed that she would have no objection to the Criminal Case No.115 of 2000 pending before the J.M.F.C., Solapur, being quashed. The husband has agreed to hand over his wife’s belongings to her, which are enlisted in an annexure to the consent terms. 5. The wife is present in Court. She has stated that she does not wish to continue with the prosecution against her husband and in-laws. She has filed an affidavit to that effect which is taken on record. 6. In my opinion, in these circumstances, it would be appropriate that the prosecution in Criminal Revision Application No.259 of 2002 is quashed. This is because the parties to the dispute have settled the same. Apart from this, the dispute is personal in nature and there is no reason to keep it pending when the wife has submitted that she does not want to continue with the prosecution. If the prosecution is allowed to continue, in all probability, there will be no evidence in the facts and circumstances of the present case. Apart from this, there is no involvement of any public policy which 4 would require the prosecution to be kept pending. I am fortified in my view by the observations of the Supreme Court in the case of B.S.Joshi & ors. v/s State of B.S.Joshi & ors. v/s State of B.S.Joshi & ors. v/s State of Haryana Haryana Haryana & anr. reported in A.I.R. 2003 SC 1386 & anr. reported in A.I.R. 2003 SC 1386 & anr. reported in A.I.R. 2003 SC 1386. 7. Criminal Writ Petition No.1328 of 2003 is allowed. 8. The proceedings in Case No.115 of 2000 pending before the J.M.F.C., Solapur, are quashed. 9. The order of the Sessions Court in Criminal Revision Application No.259 of 2002 is also quashed. 10. Writ Petition No.325 of 2004 is dismissed.