1 APL.98.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION APPLICATION NO. 98 OF 2O11 Mr. Nitin Ashwin Handa & Ors. ... Applicants. V/s. The State of Maharashtra & Anr. ... Respondents. Mr. S.R. Borulkar i/b. Prema Mikashi for the Applicants. Mr. J.P. Kharge, APP for the State. Respondent No.2 present in Court. CORAM : A.R. JOSHI, J. DATED : 18th APRIL 2011. P.C. :- Heard rival submission for some time on this application for quashing and setting aside C.R.No.281 of 2010 registered with Khar Police Station, Mumbai for offence under Section 498-A, 406, 420, 323 r/w. Section 34 of I.P.C. 2. Said Application is preferred by accused persons. Accused No.1 is husband of Respondent No.2. Accused Nos.2 to 4 are relatives of Accused No.1. Respondent No.2 is present in the Court. She had filed affidavit sworn today mentioning that she had decided not to prosecute the present Applicants for the offences levelled against them in C.R.No.281 of 2010 and that she has no objection for granting the prayer in the present application. 2 APL.98.11.sxw 3. In paragraph 2 of the affidavit she has specifically stated that a petition is filed in the Family Court, Bandra jointly by the present Applicant No.1 and herself for taking divorce by mutual consent and she has decided to settle all the civil as well as criminal disputes with the present Applicants. 4. In view of the above position and considering that the matter is between husband and wife and out of matrimonial disputes, the present application can be allowed though certain offences are non-compoundable. In the result, present application is allowed. Proceedings under C.R.No. 281 of 2010 registered with Khar Police Station is quashed and set aside. The Application is disposed of accordingly. (A.R. JOSHI, J.)