- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1189 OF 2008. APPLICATION NO.1189 OF 2008. APPLICATION NO.1189 OF 2008. Shri Roshan Madhukar Patil & Ors. ..Applicants. versus The State of Maharashtra & Anr. ..Respondents. .... Mr. Amit Shete, i/b. Rutuja Ambekar, for the Applicants. Mr. J.P. Yagnik, APP, for the Respondent-State. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 22ND JULY,2008. : 22ND JULY,2008. : 22ND JULY,2008. P.C. 1. On 2nd May 2008, this Court issued notice to the respondents. On 17th July 2008, papers of this application were produced before this Court at 4.45 p.m. On that day, the Advocate for applicants pointed out that the second respondent was personally present in this Court and in view of the settlement arrived at in the second appeal, she had no objection for quashing the proceedings of criminal case. This Court suggested that an affidavit of the second respondent to that effect should be placed on record. Accordingly, on 18th July 2008, the learned Advocate for the applicant has placed on record an affidavit of the second respondent. 2. At the instance of the second respondent, the - 2 - F.I.R. was registered alleging the commission of offence under section 498A read with section 34 of the Indian Penal Code. Thereafter, the first petitioner husband filed a petition against the second respondent for obtaining a decree of divorce. The said petition was dismissed by the Trial Court and the decree of the Trial Court was affirmed in appeal. In the second appeal preferred by the first applicant, a compromise was arrived at in terms of the consent terms filed before this Court. The second appeal was accordingly disposed of by the consent order dated 11th March 2008. The relevant part of the consent order reads thus :- . "(iv) on the basis of the compromise, it will be open for the parties to file appropriate proceedings for quashing the proceedings of Criminal Case No.95 of 2002 pending in the Court of the learned Judicial Magistrate First Class, Palghar, District Thane. . (v) The learned Judicial Magistrate First Class will grant exemption to the appellant from personal appearance for a period of two months from today to enable the appellant to file appropriate proceedings for quashing the said criminal proceedings." - 3 - 3. By the consent order, a decree of divorce by mutual consent of the first applicant and the second applicant. In the second appeal, an affidavit was filed by the second respondent in which she has stated as thus, :- . "I say that I had filed Cr.Complainant No. I-38/2002 which is being tried as R.C.C. No.95/2002 before the Court of Judicial Magistrate First Class, Palghar, which I am willing to compound and the same may kindly be quashed." . The second respondent has filed an affidavit in this application reiterating the stand taken by her in the second appeal. 4. The perusal of the order passed in the second appeal shows that there has been a complete settlement between the first applicant and the second respondent. Therefore, no purpose will be served by continuing the criminal proceedings. In fact, in the facts of the case, the continuation of the criminal proceeding will be an abuse of process of law. This is a fit case for exercising power under section 482 of the Code of Criminal Procedure, 1973 for quashing the criminal case. Accordingly, application is - 4 - allowed in terms of prayer clause (b). 5. The concerned Court to act upon an authenticated copy of this order. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]