1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 792 OF 2010 Shrikirshna Narayan Rawool and Ors. ...Petitioners Vs. Varsha Shrikrishna Rawool and Anr. ...Respondents ----- Ms. Anita R. Manjalkar and Mr.P.B. Sawant for Petitioners Mr. Prathamesh A. Gokhale for Respondent No.1 Mrs.R.V. Newton -APP for State. ----- CORAM: V.M. KANADE J. DATED: 9TH JUNE, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioners, the learned Counsel appearing on behalf of the Respondent No.1 and learned APP for the State. 2. The Respondent No.1 is present in the court and the Petitioners have filed this petition for quashing the FIR No.7 of 2008 dated 5.1.2008 registered with Bhandup Police Station. The Petitioner No.1 and the 1 Respondent No.1 got married on 24th May, 2006. On account of disputes and differences between the Petitioner No.1 and the Respondent No.1, a divorce petition was filed by the Petitioner No.1 in Family Court at Bandra, Mumbai. 3. The Respondent No.1 filed a criminal complaint under section 498-A, 406 r/w. 34 of the Indian Penal Code which was registered with Bhandup Police Station vide C.R. No. 7 of 2008. The case was transferred to 53rd Metropolitan Magistrate Court, Mulund, Mumbai vide case No.122/P/2008. The Respondent No.1 also filed complaint under the Domestic Violence Act vide complaint No. 11/Misc/2008. Thereafter, the parties have settled the dispute and consent terms were filed in Family Court at Bandra, Mumbai. Decree was passed in terms of the Consent Terms. In clause (7) of the consent terms, the Respondent No.1 agreed to compound/withdraw the criminal complaint registered with the Mulund Police Station pending in 53rd 1 Metropolitan Magistrate Court at Mulund. 4. Pursuant to the undertaking given by the Respondent No.1 in which she has undertaken to withdraw the case within four weeks. The criminal case is arising out of the matrimonial dispute and parties have settled the dispute. No fruitful purpose will be served in continuing the criminal case. 5. The affidavit filed by the Respondent No.2 and the consent terms filed by both the parties in the Family Court at Bandra, therefore, the writ petition is allowed. The FIR registered with Bhandup Police Station for the offence punishable under sections 498A, 406 r/w. 34 of the Indian Penal Code vide C.R. No. 7 of 2008 and the criminal case arising out of the said complaint being Criminal case No. 122/P/2008 pending in 53rd Metropolitan Magistrate Court at Mulund is quashed and set aside. 6. The Respondent No.1, who is present in the Court undertakes to withdraw the criminal case filed by her 1 under the Protection of Women from Domestic Violence Act, 2005 vide case No.11/Misc/2008 pending in the 53rd Metropolitan Magistrate Court at Mulund within four weeks from today. Undertaking given by the Respondent No.1 is accepted and writ petition is allowed and disposed of. (V.M. KANADE J.)