1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2693 OF 2010 Mr.Parkin A. Kamdar & Ors. ...Applicants vs. The State of Maharashtra and Ors. ...Respondents ----- Mr.P.G. Badole for Applicants Mr.A.S. Shitole -APP for State Ms. Molly Baxi for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 25TH JUNE, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants, learned Counsel for the Respondent No.2 and learned APP for the State. 2. This application is filed by the Applicants for quashing the criminal complaint filed against him by the Respondent No.2 for the offence punishable under section 498-A, 406 of the Indian Penal Code vide Complaint No.775/PW of 2008 which is registered with Oshiwara Police Station. 3. After the complaint was filed, the parties had filed a petition for divorce which was later on 2 converted into a divorce by mutual consent. In the said petition, consent terms were filed by both the parties and it was agreed by the Respondent No.2 that she would file a no objection for quashing the complaint or compound the criminal case after the decree is passed in the petition for mutual consent. 4. I have perused the clause 7 of the said consent terms, which states that the Respondent No.2 will co- operate with the Applicants for the purpose of compounding the said offence. The Respondent No.2 has also filed affidavit, wherein she has reiterated the said contention. The Respondent No.2 is present in the Court. She has stated that she reiterates the contents of the affidavit which is filed by her in this Court. 5. Since the parties have settled the dispute inter- se and the marriage is dissolved by decree of divorce, in my view, there is no impediment for quashing a criminal complaint which is filed by the Respondent No.2 against the Applicants herein. 4. In view of the Judgment of the Apex Court in the case of B.S.Joshi and others vs. State of Haryana and another, reported in AIR 2003, Supreme Court 1386, this Court has a power to quash a complaint under 3 section 482 of the Cr.P.C.. 5. In the result, the Complaint No.775/PW of 2008 registered with the Oshiwara Police Station for the offence punishable under sections 498-A, 406 of the Indian Penal Code is quashed and set aside. 5. Application, accordingly, allowed in terms of prayer clause (b) and disposed of. (V.M. KANADE J.)