1 3.WP.1101-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1101 OF 2011 Purushottam Haresh Ramchandani and others. .. Petitioners. Versus The State of Maharashtra and another. .. Respondents. .... Mr.S.K. Jain, i/b. S.K. Jain & Asso. for the Petitioners. Mr.Gunaikar Shetty, Advocate for Respondent No.2. Mrs.P.P. Bhosale, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 04TH MAY, 2011. P. C. : 1. Rule. Rule is made returnable forthwith by consent of the parties. Heard rival submissions for sometime on this Writ Petition by which the prayers are made by all the five petitioners for quashing the FIR No.153 of 2009 dated 18.5.2009 pending before the Senior PI Versova police station, Mumbai for the offence punishable under Section 498-A, 504, 506 read with Section 34 of IPC. Said FIR was lodged by the present respondent No.2 who is 2 3.WP.1101-11 present today in Court. She had already filed an affidavit sworn on 3rd May, 2011 mentioning that she do not want to proceed further with the said criminal proceedings lodged by her against her husband and others. She has vouched the correctness of the contents of the affidavit filed by her. She is represented by her Advocate Mr.Shetty. In the affidavit, it is specifically mentioned that both the parties have settled the matrimonial dispute and a Petition for divorce by mutual consent is already filed before the Family Court at Bandra and certain amount of maintenance in lumpsum is required to be given to her. In the said affidavit, it is also mentioned that during the investigation, certain gold ornaments were seized by the investigating agency from the present petitioner No.1 and such articles are (1) one gold finger-ring, & (2) one gold pendent set with two gold ear-rings. 2. It is agreed between the parties that article at Sr.No.1 [one gold finger-ring] is to be given to respondent No.2 and article at Sr.No.2 [i.e. pendent set & ear rings] to be given to petitioner No.1. Said articles are produced before this Court by API Mr.Kadam of Versova police station. 3 3.WP.1101-11 3. Considering the dispute of the personal nature between the husband, wife and other relatives of petitioner No.1, in the opinion of this Court considering the desire of the wife, the said criminal proceedings can be put to an end so as not to waste the Court time in deciding the said matter. 4. In the result, present Writ Petition is allowed. The proceedings arising out of C.R. No.153 of 2009 with Versova police station, Mumbai are quashed and set aside. Directions are given to the Investigating Agency to hand over article No.1 as mentioned above to present respondent No.2; and article No.2 mentioned above to present petitioner No.1 or his authorized agent and obtain necessary receipts from the concerned persons. 5. Parties to act on the certified copy of this order. 6. With these directions present Petition is put to an end and disposed of as such. (A. R. JOSHI, J.) PPD