KBP 1 6.cri.wp.2889-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2889 OF 2011 Anjana Jain ..Petitioner Vs The State of Maharashtra and ors. .. Respondents -- Mr.Prashant Surve, for petitioner. Mrs.A.S.Pai, APP for respondent nos.1 and 2. Petitioner present in person. Respondent no.3 present in person. Mr.S.T.Gunjkar, P.S.I., Amboli Police Station present in person. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 14 th NOVEMBER, 2011 P.C.: 1. Heard learned Counsel for the petitioner. KBP 2 6.cri.wp.2889-11.odt 2. Rule, returnable forthwith, by consent. 3. Learned APP waives notice for respondent Nos.1 and 2 – State. 4. The relief claimed in this Petition is for quashing of FIR vide C.R. No.132 of 2011 registered at the instance of the petitioner at Amboli Police Station, Mumbai for the offences punishable under Sections 498-A, 323, 504, 506, 337 of Indian Penal Code. It is noticed that the incident in question is essentially pertaining to matrimonial dispute between the petitioner and respondent No.3 who were married on 8 th February, 1998. The matrimonial disputes have now been amicably resolved between the parties. As a matter of fact the petitioner repents for having acted so rashly out of provocation and anger. It is agreed by the petitioner that she will not KBP 3 6.cri.wp.2889-11.odt precipitate the complaint registered by her against the respondent No.3 herein and she will consent for quashing of FIR. Respondent No.3 is also present in Court. The petitioner submits that she has agreed for the said arrangement with full understanding and without any duress or coercion from any quarter. Learned APP submits that since the offence is not compoundable offence, he may leave it to the Court to consider the request of the private parties. 5. In our considered opinion, since petitioner and respondent No.3 have amicably resolved all their matrimonial disputes, it would be in the interest of justice of all concerned that the relief claimed in this Petition in terms prayer clause (c) is granted. The petitioner has no intention of pursuing the criminal action against the respondent Nos.3. KBP 4 6.cri.wp.2889-11.odt 6. Taking overall view of the matter, in the interest of justice, we allow this Petition in terms of prayer clause (c) which reads thus :- “This Hon’ble Court be pleased to call for records and proceedings in C.R.No.132/2011 from the files of the Amboli Police Station, Amboli, Mumbai and quash the same.” 7. Ordered accordingly. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]