1 WP 1111.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION WRIT PETITION NO. 1111 OF 2011 Mr. Datta Jyotiram Salunke. ... Petitioner. V/s. The State of Maharashtra & Anr. ... Respondents. Milan Desai h/f. T.R. Patel for the Petitioner. Mr. Sunil Vichare for Respondent No.1. Mr. J.P. Kharge, APP for the State. CORAM : A.R. JOSHI, J. DATED : 02nd MAY 2011. P.C. :- Rule. Rule made returnable forthwith by consent of parties. 2. Heard rival submissions for some time. Present Petition is for quashing C.R.No.24 of 2009 dated 3rd February 2009 registered with Charkop Police Station and C.C.No.800/PW/2009 pending before 24th M.M. Court, Borivali, Mumbail, for the offences punishable under Sections 498-A, 406 r/w. Sec. 34 of I.P.C. 3. Today, Petitioner No.1 – husband and Respondent No.2 – wife are present together in the Court. Both have agreed that 2 WP 1111.11.sxw they had already obtained a decree of divorce by mutual consent from the Family Court No.7, Bandra, Mumbai. Said order of divorce by mutual consent is dated 4th March 2011 and is annexed to the present Petition. Consent terms were also filed before the Bandra Court in Petition No.A/351 of 2010. In the said consent terms at para 5 it is specifically mentioned that Respondent – wife agrees and undertakes to withdraw the Criminal proceeding No.800/PW/2009. 4. Petitioner No.1 and Respondent No.2 present today in the Court and state that the dispute between them has been already settled and they had obtained divorce by mutual consent. Respondent No.2 specifically mentioned that she do not want to proceed further with the pending Criminal Proceeding C.C.No. 800/PW/2009. 5. Considering that the matter pending between the parties is of personal nature and that the parties have amicably settled the dispute and complainant – wife do not want to prosecute further the criminal case, as mentioned above, it would be in the fitness of the situation to put an end to the said criminal proceeding by appropriate order. Hence, present Petition is allowed. Proceeding of C.C.No.800/PW/2009 pending before 24th M.M. Court , Borivali, Mumbai is quashed and set aside. Rule is made absolute accordingly. (A.R. JOSHI, J.)