1 3665.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3665 OF 2011 Vimal Kishor Panchal & Ors. ...Petitioners Versus The State of Maharashtra & Anr. ...Respondents ...... Mr.G.T.Kanchanpurkar for Petitioners. Mrs.A.S.Pai, A.P.P. for Respondent No.1. Ms.Jyoti Mistry for Respondent No.2. ...... CORAM:- A.M.KHANWILKAR AND R.G.KETKAR, JJ. DATED:- DECEMBER 14, 2011. P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mrs.Pai, A.P.P. waives notice for respondent No.1. Ms.Mistry waives notice for respondent No.2. 3. The relief claimed in this Petition is for quashing of FIR vide C.R. No.285 of 2009 dated 21st December, 2009 registered at the instance of the respondent No.2 at Byculla Police Station, Mumbai for the offences punishable under Sections 498-A r/w 34 of Indian Penal Code. It is noticed that the incident in question is essentially 2 3665.11 pertaining to matrimonial dispute between the petitioner No.1 and respondent No.2 who were married on 3rd May, 2009. The matrimonial disputes have now been amicably resolved between the parties. The petitioner/husband and respondent No.2/wife have already filed consent terms dated 5th April, 2011 before the Family Court at Bandra. As per the arrangement referred to in the said Consent Terms, it is agreed by the respondent No.2 that she will not precipitate the complaint registered by her against the petitioners herein and she will consent for quashing of FIR. The said position is reiterated by respondent No.2, who is personally present in the Court. Petitioner No.1 is also present in Court. The respondent No.2 submits that she has agreed for the said arrangement with full understanding and without any duress or coercion from any quarter. Learned APP submits that since the offence is not compoundable offence, she may leave it to the Court to consider the request of the private parties. 4. In our considered opinion, since respondent No.2 and petitioner No.1 have amicably resolved all their matrimonial issues 3 3665.11 and have decided to part company of each other and to begin their future career anew, it would be in the interest of justice of all concerned that the relief claimed in this Petition in terms of prayer clauses 10(a) & (b) is granted. 5. The respondent No.2 has no intention of pursuing any criminal action against the petitioners. As aforesaid, she has given declaration that she would give consent for quashing of FIR. 6. Taking overall view of the matter, in the interest of justice, we allow this Petition in terms of prayer clauses 10(a) and (b) which read thus :- “10.a. To quash and set aside the FIR No.285 of 2009 dtd.21/12/2009 registered with Byculla Police Station, Mumbai u/s.498-A, 34 of I.P.C. against the Petitioners; b. To quash and set aside the Complaint bearing No. 234/PW/2010 in the file of 25th Metropolitan Magistrate Court, Mazgaon, Mumbai.” Ordered accordingly. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)