IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.653 OF 2007 Shri Kalpesh Mahesh Badani and others .. Petitioners v/s. The State and another .. Respondents Mr.Virendra I. Pajwani for the petitioners. Mr. D.R. More, APP for the State. Mr. Narendra R. Dhanawade for the respondent No.2. CORAM : B.H. MARLAPALLE, J. DATED : 8TH AUGUST, 2007 P.C. Heard learned counsel for the petitioner-husband as well as respondent No.2-wife. The learned APP appears for the State. 2. In this petition, the petitioner-husband is revoking the inherent power of this court under section 482 of the Criminal Procedure Code for quashing the proceedings in Criminal Case No.338/PW/2005 presently pending before the learned Metropolitan Magistrate, 30th Court, Kurla, on the basis of the consent of the respondent No.2-wife. 3. The learned counsel for the respondent No.2-wife stated that the wife is agreed for quashing of the proceedings of the pending case. 4. The parties had applied for divorce by consent in petition No.F-633 of 2006 and the marriage solemnised between the parties has been dissolved by decree of divorce by mutual consent. The Memorandum of Understanding marked as Exhibit “B” was also part of the decree of divorce dated 31.10.2006 and the respondent No.2-wife has undertaken that she will withdraw and/or not pursuing the criminal case No.338/PW/2005. Hence the petition is allowed and proceedings in Criminal Case No.338/PW/2005 presently pending before the learned Metropolitan Magistrate, 30th Court at Kurla are quashed by consent of the respondent No.2 and as per the law laid down by the Supreme Court in the case of B.S. Joshi v. State of Haryana, reported in 2003 All MR (CR) 1162(SC). (B.H. MARLAPALLE, J.)