1 appln980.10.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 980 OF 2010 Manohar Naraindas Sirumalani & Anr. ..Applicants. Vs. Smriti @ Jyoti Manohar Sirumalani & Anr. ..Respondents. -------- Mr.S.H.Joshi for applicants. Mr.Vijay N. Bolinjkar for Respondent No.1. Mr.J.P.Kharge, APP for Respondent No.2. -------- CORAM : B.R.GAVAI, J. DATE : MARCH 22, 2010. P.C. 1. Rule. Rule made returnable forthwith by consent. Heard learned Counsel for the parties. 2. By way of present Petition, Petitioner prays for quashing the FIR bearing CR No. I-166 of 2005 lodged with Nerul Police Station at the instance of the Respondent No.1and also consequential Criminal case bearing No.707 of 2005 pending before the learned Judicial Magistrate First Class, C.B.D. Belapur, Navi Mumbai, District Thane. 2 appln980.10.sxw 3. Petitioner No.1 and Respondent No.1 are husband and wife. It appears that there are matrimonial disputes between them. Due to said matrimonial dispute, the aforesaid FIR came to be lodged at the instance of the Respondent No.1 for the offence punishable under section 498-A, 406, 506(2) of I.P.Code. 4. It appears that during the pendency of the proceedings, the disputes between the parties have been amicably resolved and they have decided to obtain divorce by mutual consent. Consent Terms have already been filed before the Family Court in Petition No.A-632 of 2004, which are annexed at Exh.B to the present Petition. The Respondent No. 1 is personally present in the Court. She reiterates about the matter being amicably settled in accordance with the consent terms. 5. The Apex Court in the case of B.S.Joshi V/s. State of Haryana[AIR 2003 SC 1386] has held that if parties amicably resolve their matrimonial dispute, this Court should give an end to the criminal litigation invoking jurisdiction under section 482 of Cr. P.C. In that view of the matter, no purpose is served in keeping this application pending. Rule is made absolute in terms of prayer clauses (a) and (b). [ B.R.GAVAI, J ]