1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1030 OF 2010 Shri Anil Ramchandra Waghmare & Ors. ...Petitioners vs. The State of Maharashtra & Anr. ...Respondents Mr.S.G. Tajpur for the Petitioners. Mr.A.S. Shitole, APP for the State. Ms.Naushem Yousuf i/b. Ms.Puja Kute for Respondent No.2. CORAM : V.M. KANADE, J. DATED : APRIL 23, 2010 P.C. :- 1 Heard Counsel for the petitioners and Counsel for respondent no.2. 2 The petitioners have filed this petition quashing the proceedings which are pending in the court of learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra, vide C.C.No. 1628/PW/2009. 2 3 Respondent no.2  wife has filed a complaint under Section 498A of the IPC read with 34 which was registered with Dharavi Police Station. Thereafter, petitioner no.1 and respondent no.2 filed a petition for divorce by mutual consent to the Family Court at Bandra under Section 13(B) of the Hindu Marrige Act. In the said petition, Consent terms were filed and one of the clauses in the Consent Terms is that respondent no.2 agreed to withdraw the complaint filed by her under Section 498A, 34 of the IPC. Respondent no.2 has filed affidavit dated 22nd April, 2010 in which she has stated that she has no objection if the criminal case is quashed and the petitioner is acquitted. 4 Respondent no.2 is present in the Court. I have asked her whether the said affidavit has been filed her. She reiterated the averments made in the affidavit filed by her. I am satisfied that the both the parties have now decided to start a new life on a clean slate and therefore, if the said 3 complaint is quashed, it would be in the interest of the petitioner and the respondent no.2. 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, has held that in such a case, the High Court has power under Section 482 to quash the complaint. 5 In the result, the petition is allowed and the proceedings in C.C.No.1628/PW/2009 pending before the learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra, arising out of FIR which was lodged at Dharavi Police Station vide C.R.No.215/2009 for the offence punishable under Section 498A read with 34 of the IPC are quashed and set aside. 6 The petition is allowed in the aforesaid terms. (V.M. KANADE, J.)