1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3024 OF 2011 Ali Mohmmed Usman Saboonwala & Ors. .. Petitioners V/s State of Maharashtra .. Respondent Mr.T.K.Sinha for the petitioners. Mrs.M.M.Deshmukh, APP for the State. Mr.Deepak S.Jadhav, PN/5674, Mumbra Police Station, Thane, present. CORAM: A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE: 29th November, 2011. P.C.: 1. Heard the learned counsel for the petitioners and the learned APP for the State. This petition is filed jointly by the Petitioner Nos.1 to 14 and Petitioner No.15 (wife-original complainant) for quashing of FIR No.I-405/2010 dated 22.09.2010 registered by Mumbra Police Station, District Thane, for the offences punishable under Sections 498-A, 406 read with 34 of the Indian Penal Code. 2. Petitioner No.1-husband and Petitioner No.15-wife were married on 17.09.2006. It is noticed that the incident in question is essentially pertaining to the matrimonial dispute. 3. The matrimonial disputes have now been amicably resolved 2 between the parties. The Petitioner No.1-husband and the Petitioner No.15-wife have already filed Memorandum of Understanding Cum Consent Terms dated 21.09.2011. As per the arrangement referred to in the said Consent Terms, it is agreed by the complainant-wife, Petitioner No.15 that she will not precipitate the complaint registered by her against the Petitioner Nos.1 to 14 and she will consent for quashing of FIR. The said position is reiterated by the Petitioner No.15-wife who is personally present in the Court. The Petitioner No.1 to 14 are also present in Court. The parties have declared that the Memorandum of Understanding Cum Consent Terms have been drawn without any force, coercion, fraud, undue influence, compulsion etc., and the said Consent Terms have been drawn with free will. 4. Learned APP submits that since the offence is not compoundable offence, he may leave it to the Court to consider the request of the private parties. 5. In our considered opinion, since the complainant, Petitioner No. 15-wife and the Petitioner No.1-husband have amicably resolved all their matrimonial issues and have decided to part company of 3 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 clause 17(a) is granted. The complainant (Petitioner No.15-wife) has no intention to pursue the criminal action against the Petitioner Nos.1 to 14. As aforesaid, the complainant 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 joint petition in terms of prayer clause 17(a) which reads thus:- “17 (a) The Hon’ble Court be pleased to quash FIR No.I-405/10dated 22.09.2010 for offences u/sec.498A, r/w 34 of IPC of Mumbra Police Station, Thane against Petitioner No.1 to 14.” 7. Ordered accordingly. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)