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 CRI. CRI. CRI. APPLICATION NO. 1199 OF 2008 APPLICATION NO. 1199 OF 2008 APPLICATION NO. 1199 OF 2008 Dinesh Gope Lalwani & anr. ... Applicants v/s The State of Maharashtra & anr. ... Respondents Mr.Sudeep Pasbola for the applicants. Mrs.A.A.Mane, A.P.P. for the respondent No.1 State. Mr.A.H.H.Ponda for the respondent No.2. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 2ND JULY, 2008 2ND JULY, 2008 2ND JULY, 2008 P.C. P.C. P.C.: 1. The application has been filed for quashing the proceedings in Criminal Case No.631/P/2003 pending before the Metropolitan Magistrate, 15th Court, Mazgaon, Mumbai, arising out of F.I.R. No.405 of 2002 registered with the Nagpada Police Station. 2. The application has been filed under Section 482 of the Code of Criminal Procedure. 3. The F.I.R. was lodged by tyhe respondent No.2 against applicant Nos.1 and 2 for offences punishable 2 under Sections 498-A and 406 of the I.P.C. The respondent No.2 was married to applicant No.1. Their marriage has been dissolved by a decree of divorce. Consent terms were arrived at by the parties which have been filed before the Sessions Court at Sewree in Criminal Revision Application No.6 of 2005. 4. An affidavit has been filed in this Court by respondent No.2 who is present today in Court, wherein she has averred that she has no objection to the proceedings arising out of the aforesaid criminal case been quashed. 5. In view of the fact that the parties to the dispute have settled their differences and the respondent No.2 does not wish to prosecute the complaint, it would be futile to continue with the proceedings in the criminal Court. The differences between the applicants and the respondent No.2 were essentially personal in nature. In view of the fact that the marriage is dissolved and consent terms have been arrived at, the criminal proceedings, in my opinion, should be quashed. I am fortified with the view taken in the judgment of the Supreme Court in the case of B.S.Joshi & ors. v/s State B.S.Joshi & ors. v/s State B.S.Joshi & ors. v/s State of of of Haryana & anr. reported in A.I.R. 2003 SC 1386 Haryana & anr. reported in A.I.R. 2003 SC 1386 Haryana & anr. reported in A.I.R. 2003 SC 1386. 3 6. Criminal application allowed. 7. The criminal proceedings pending before the Metropolitan Magistrate, 15th Court, Mazgaon, Mumbai i.e. Criminal Case No.631/P/2003 are quashed. 8. The F.I.R. No.405 of 2002 registered with the Nagpada Police Station is also quashed.