1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1374 OF 2010 Nilesh K. Patil ...Petitioner vs. State of Maharashtra & Ors. ...Respondents ----- Mr.Vaibhav G. Bagade for Petitioner Mrs.Mallika Gopinath for Respondent No.2 Mr. J.P. Kharge -APP for State ----- CORAM: V.M. KANADE J. DATED: 18TH JUNE, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioner, learned Counsel for the Respondent and learned APP for the State. 2. This petition is filed by the Petitioner for quashing the criminal complaint filed against him for the offence punishable under section 498-A, 406 r/w. 34 of the Indian Penal Code vide FIR No.l63 of 2009 which is registered with Vashi Police Station, Navi Mumbai and also the additional application for adding section 420 of the Indian Penal Code. 2 3. The Respondent No.2 has filed affidavit in which she has stated that she has no objection if the complaint is quashed since consent terms were filed in the Family Court at Bandra, Mumbai. In the said consent terms, the Respondent No.2 has agreed to withdraw all the cases and complaints filed by her against the Petitioner. She has also given a similar undertaking in the consent terms which were filed in the Family Court in which she has agreed to co- operate and withdraw the complaint filed in the JMFC Court, Thane against the Petitioner. The Respondent No.2 is present in the court and I have interviewed her. She has reiterated the averments made by her in her affidavit dated 18 th June, 2010. 4. In view of the affidavit in reply filed by the Respondent No.2 and in view of the consent terms filed by the parties in the Family Court at Bandra and undertaking given by the complainant- Respondent No.2 in the Family Court, in my view, this is a fit case for quashing the said complaint. The ratio laid down by 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 is squarely applicable to the facts of the present case. 3 5. In the result, the FIR No. 163 of 2009 registered with the Vashi Police Station, Navi Mumbai for the offence punishable under sections 498-A, 406 and 420 r/w. 34 of the Indian Penal Code is quashed and set aside. 5. Writ petition is, accordingly, allowed and disposed of. (V.M. KANADE J.)