1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2148 OF 2010 Vivek Bhikaji Vijaykar & Ors. ...Applicants Vs The State of Maharashtra and Anr. ...Respondents ----- Mr.R.R. Salvi for Applicants Ms. Nita Pujari for Respondent No.2 Mrs.P.P.Bhosale -APP for State ----- CORAM: V.M. KANADE J. DATED: 3RD MAY, 2010 P.C. 1. Heard the learned Counsel for the Applicants and the learned Counsel for the Respondent No.2. 2. This application is filed for quashing the criminal case No. 379 of 2008 arising out of FIR No. 151 of 2008. The Petitioner No.1 and the Respondent No.2 got married on 9.5.2007. The Respondent No.1, however, left the matrimonial house on 10.11.2007 and FIR was filed at Mulund Police Station for the offence punishable under 498-A r/w. 34 of the Indian Penal Code. Thereafter, a petition for divorce was filed by the Applicant no.1 on 13.5.2008 on the ground of cruelty. The parties, however, decided to file the consent terms in the said petition and it was 2 converted into a petition for divorce by mutual consent. Consent Terms were also filed in the said petition. The Applicant No.1 paid an amount of Rs. 4,50,000/- to the Respondent no.2 towards full and final settlement of her claim for maintenance and for movable and immovable property. 3. The Respondent No.2 is present in the Court. The Respondent No.2 has also filed an affidavit and reit`erated the contents of the affidavit filed by her in this Court and she has stated that she has no objection if the criminal complaint filed by her against the Applicants is quashed. 4. I am satisfied, therefore, the said consent has been given by the Respondent No.2 on her own free will and no pressure was exercised on her in giving the said consent terms. Under these circumstances, therefore and 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, the criminal complaint is, therefore, quashed and the application is allowed in terms of prayer clause (a) and disposed of. (V.M. KANADE J.)