1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CRIMINAL WRIT PETITION NO.2795 OF 2011 Prashant Pandurang Bhalekar and others Petitioners versus Mrs.Rajshree Prashant Bhalekar and another Respondents Mr.Pradeep Gaikwad for petitioners. Mr.Keshav Borhade, for respondent no.1. Mrs.A.S.Pai, APP for respondent no.2. CORAM : A.M.KHANWILKAR AND P.D.KODE, JJ. DATE : 27th September 2011 PC : 1. Heard learned Counsel for the petitioners. Rule. Returnable forthwith, by consent. Mr.Borhade waives notice for respondent no.1 and Ms.Pai, APP waives service for respondent no.2. 2. The relief claimed in this Petition is for quashing of FIR vide C.R.No.310 of 2010 registered at the instance of the respondent no.1 at Vikroli Police Station, Mumbai for the offences punishable under Sections 498-A, 494, 323, 504, 406 read with 34 of Indian Penal Code. It is noticed that the incident in question is essentially pertaining to matrimonial dispute between the petitioner and respondent No.1 who were married on 12th February 2005. The matrimonial disputes have now been amicably resolved between the parties. The petitioner/husband and respondent no. 1/wife have already filed consent terms dated 4th July 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.1/wife that she will not 2 precipitate the complaint registered by her against the petitioners herein. The said position is reiterated by the advocate appearing for respondent no.1. The advocate for respondent no.1/wife 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. 3. In our considered opinion, since petitioner no.1 and respondent No.1 have amicably resolved all their matrimonial issues 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 prayer clause-(A) is granted. The respondent no.1 has no intention of pursuing any criminal action against the petitioners. As aforesaid, the respondent no.1 has agreed to withdraw or quash the of FIR.. 4. Taking overall view of the matter, in the interest of justice, we allow this Petition in terms of prayer clause (A) which reads thus :- " (A) This Hon'ble Court may graciously be pleased to quash the F.I.R. against the Petitioners registered with Vikhroli Police Station vide C.R. No.310 of 2010." 5. Ordered accordingly. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)