2. cr appln 4631-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4631 OF 2010 Imran Husain Siddiqui & Ors .. Applicants Vs The State of Maharashtra .. Respondent Mr. Rajendra G. Megh for the Applicants Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 25th OCTOBER, 2010. P.C.: 1 Heard the learned advocate for the applicants i.e applicant nos. 1 to 4-original accused nos. 1 to 4 and applicant no. 5 - original complainant and learned APP for the State. Applicant No. 5-original complainant is present. 2 The applicants are seeking quashing of C.R. No. 7 of 2009 of Amboli Police Station and the proceedings relating thereto being Case No. 2384/PW/2009 which is pending before the learned Metropolitan Magistrate, 22nd Court, Andheri, Mumbai. 3. Applicant no. 5 was married to applicant no. 1. Applicant Nos. 2 and 3 are the elder brothers of applicant 1 2. cr appln 4631-10.doc no. 1 and applicant no. 4 is the sister of applicant no. 1. After the marriage, some matrimonial dispute arose between applicant no. 5 and applicant nos. 1 to 4. On account of this dispute, FIR came to be lodged by applicant no. 5 against applicant nos. 1 to 4 at Amboli Police Station which was numbered as C.R. NO. 7 of 2009. The said case is under Sections 498(A),406, 506(II) read with 34 of IPC. 4 Learned advocate for applicants states the parties have amicably settled the dispute, hence the FIR and the proceedings relating thereto be quashed. Applicant No. 5 who is present in Court also states that the dispute has been amicably settled between the parties and the case be quashed 5. In a decision of the Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, it is observed as follows: "We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly over burdened as they are, cannot afford and that 2 2. cr appln 4631-10.doc the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law". In the said case, application was filed for quashing of FIR under various sections including 406 of IPC and on account of compromise entered into between the complainant and the accused, the said case came to be quashed. 6 In a decision of the Supreme Court in the case of State of Karnataka Vs. L. Muniswamy and Ors. reported in 1977 Cr.L.J. 1125 the Supreme Court referred to Section 482 of the Cr.P.C. and observed that in exercise of the wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court further observed that this power is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. 7 In a decision of this Court in Kiran Tulshiram Ingale 3 2. cr appln 4631-10.doc Vs. Smt. Anupama P. Gaikwad and others, 2006 Cri.L.J. 459, it was held that in a case of matrimonial offence, if there is an amicable settlement criminal proceedings can be quashed by the High Court, in exercise of inherent powers. 8 Thus, in view of the above decisions and in view of amicable settlement between the parties, I am inclined to quash the FIR and the proceedings relating thereto. 9 C.R. No. 7 of 2009 of Amboli Police Station, Mumbai and the proceedings relating thereto i.e. Case No. 2384/PW/2009 which is pending before the learned Metropolitan Magistrate, 22nd Court, Andheri, Mumbai is quashed. 10 Application is disposed of. [SMT. V.K. TAHILRAMANI, J.] 4 2. cr appln 4631-10.doc 5