1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 663 OF 2009 Mr. Babasaheb Tatyasaheb Patil & Anr. ... Petitioners (Orig.Accused Nos.2 & 3) Versus The State of Maharashtra & Anr. ... Respondents Mr. S.A.Rajeshirke,Advocate, for the petitioners. Mr. S.V.Gajare, APP, for the respondent No.1. Ms. Gunjan Shah, Advocate,for the respondent No.2. CORAM: J.H.BHATIA, J. DATE : 8th June, 2010. P.C. 1. Respondent No.2 is present with her Counsel. 2. Heard the learned Counsel for the parties. 3. Respondent No.2 is wife of accused No.1 - Amar, who is son of the accused Nos. 2 and 3. The respondent No.2 had filed a private complaint against her husband and parents-in-law. It came to be registered as Regular Criminal Case No.1478 of 2008 in the Court of 9th JMFC, Pune. The learned Magistrate was pleased to issue process for the offence punishable under Sections 417, 498- A read with Section 34 I.P.C. against all the three accused and the case is pending before the learned Magistrate. The accused Nos. 2 and 3 have filed this Petition 2 seeking to quash the proceedings on several grounds. However, when the matter is taken up for hearing for admission, the learned Counsel for the petitioners makes a statement that the respondent No.2-wife had filed a Marriage Petition A.No.257/2008 for divorce in the Family Court at Pune. Later on, the parties amicably settled the matter and decided to withdraw all the allegations against each other and to seek decree of divorce by mutual consent under Section 13(B) of the Hindu Marriage Act. They also inform that the affidavits have been filed to that effect by the respondent No.2 and her husband before the Family Court seeking conversion of the divorce petition into a petition under Section 13(B). In view of this development, the respondent No.2 also does not want to prosecute the criminal case. The offence under Section 417 is a summons case, but the offence under Section 498-A I.P.C. is a warrant trial case and is not compoundable under the law. 4. Therefore, in view of the circumstances and in the interest of justice, with consent of the learned Counsel for the petitioners and respondent No.2, the proceedings in Regular Criminal Case No.1478 of 2008 pending before the 9th J.M.F.C., Pune, stand quashed. (J.H.BHATIA,J.)