IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 546 OF 2008 Vijay Pawar & Ors. ...... ......Applicants. V/s Smt.Deepali Vijay Pawar & Anr.. ...... ...Respondents. Mr.Shailesh Kantharia, Adv. For the Applicants. Ms.Jai Vijayalaxmi Naidu, Adv. For the respondent No.1. Mr.S.R.Shinde, APP for the State. CORAM: A.P.DESHPANDE, J. 26/2/08 PC: This criminal application is for quashing of CC No.356/PW/06 pending on the file of the Metropolitan Magistrate, 42nd Court, Kurla for the offence punishable under section 498A read with section 34 of IPC initiated at the behest of the respondent No.1. Applicant No.1 and respondent No.1 got married on 22.5.05 and are staying separately from June, 2005. There is no issued born out of the said wedlock. The present applicant Nos. 2 to 7 are family members of applicant No.1 including his mother, father, brothers, sister-in-law and sister who are facing prosecution for offence under section 498A read with 34 of IPC. The parties have resolved their dispute amicably and filed petition for divorce by mutual consent. In the said petition consent terms came to be filed duly signed by both the parties. Perusal of consent terms reveals that belongings of respondent-wife would be returned on 1 the date of decree of divorce being passed. Application No.1 who is working as sweeper has deposited an amount of Rs.40,000/- towards payment of permanent alimony to respondent-wife in the family Court and the said amount can be withdrawn by respondent only after proceedings in CC No.356/PW/06 are quashed. Respondent No.1 is present in the Court and is represented by her lawyer. On inquiry being made from her she has categorically stated that all the disputes and difference between the husband and wife are resolved amicably and thus learned counsel for the respondent No.1 joins in the request made by learned counsel for the applicant for quashing of the proceedings by contending that it would be in furtherance of cause of justice if proceedings are quashed. Learned counsel for respondent No.1 has tendered an affidavit wherein it is stated that on account of misunderstanding she has initiated proceedings under section 498A read with section 34 of IPC. It is also stated that proceedings be quashed. Said affidavit is taken on record and marked `X' for identification. It is also contended that on quashing of the proceedings parties can stay separately peacefully and it would put an end to all the litigations that are pending. Having regard to the facts and circumstances of the case I am also of the view that it would be in the interest of justice to quash the proceedings as prayed for. In the result the proceedings pending on the file of Metropolitan Magistrate, 42nd Court, Kurla for offence punishable under section 498A read with section 34 of IPC are quashed and set aside. Application stands disposed of. 2