1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI. APPLICATION NO.3211 OF 2008 (SACHIN SHALIKRAM DHORE & 3 OTH. VS. STATE OF MAH. THR. PSO PRATAPNAGAR) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri M.B.Naidu, Advocate for applicant. Shri P.D.Kothari, A.P.P. for Respondent No.1. CORAM : R.C.CHAVAN, J. DATED : APRIL 03, 2009. 1. This is an application under Section 482 of the Code of Criminal Procedure for quashing F.I.R. No.287 of 2006, which led to filing of Criminal Case No.817/2007 on the complaint of respondent No.2 Jaishree Dhore in respect of offence punishable under Section 498-A of the Penal Code. 2. Notice was issued to Non-applicants. Learned Additional Public Prosecutor appears for Non-applicant No.1. Inspite of service Non-applicant No.2 has not cared to appear. 3. The learned counsel for the applicant points out that the parties have filed matrimonial proceedings before the 2 Family Court at Nagpur where compromise was reached. In terms of which the applicant has paid a sum of Rs.Two Lacs to Non-applicant No.2, which amount she has withdrawn from the Family Court on 22.09.2008. In terms of the compromise Non- applicant No.2 was to co-operate in withdrawal of the complaint of offence punishable under Section 498-A of the Penal Code. She had stated that she would not proceed further with the matter. 4. In view of this, it appears that Non-applicant has chosen not to contest this application by remaining absent in terms of the compromise reached between the parties. 5. In view of the judgment of the Supreme Court in B.S. Joshi Vs. State of Haryana, reported at 2003(4) SCC 675, the application is allowed. F.I.R. bearing No. 287/2006 and proceedings in Criminal Case No.817/2007, pending before learned Judicial Magistrate First Class, 9th Court, Nagpur are quashed and set aside. JUDGE RR.