1 apl-46-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.46 OF 2011 Mohd. Rafi Mohd Wasi Ansari & Ors. ..Applicant Vs. The State of Maharashtra & Ors. ..Respondents Mr. Imtiyaz Patel for Applicant Mr. Rajesh More, APP for Respondent No.1-State Mr. U.S.Vanjar for Respondent No.2 CORAM : N. D. DESHPANDE, J. DATE : 22nd February, 2011 P. C. 1 This is the Application filed by the husband and in laws of the Respondent-wife, who are the parties before the Trial Court in Criminal Case No.254 of 2008 (u/s 498A, 406 r/w 34 of the Indian Penal Code) registered against the Petitioner on the complaint of the Respondent-wife. It was a complaint under section 498A, 406 r/w 34 of Indian Penal Code, with serious allegations. Therefore, the police registered an FIR, took cognizance, proceeded with the investigation and thereafter a charge sheet came to be filed. The main grievance of the Petitioner is that the offence registered against them is non compoundable. The aggrieved person i.e. complainant-wife and in- laws’ relation including the husband are now fine. They are residing jointly. Thus according to the Petitioner, this is a fit case, where the application filed for quashing the FIR has to be considered in favour 2 apl-46-11 of the Applicants. 2 Admittedly, in criminal Trial, since the wife is the complainant, only she can take lead and pray for compounding the offence or for recording compromise of the matter. Here is the case, according to the Applicants, that Respondent who is the original complainant/wife was ready to compound the charges being aggrieved person. Therefore, she should have filed the Petition before the High Court for necessary order in favour of the Applicants/Accused. The parties also agree that they will come before the High Court by filing appropriate petition by the Complainant/Respondent. In this view of the matter the Applicants prays for withdrawal of this Application with liberty to file appropriate Petition by the Complainant-Respondent. Both the parties to inform the Trial Court that they are jointly residing and have cordial relations and therefore, the complainant is not interested to proceed with the case filed against the Applicant in the Trial Court. The parties are also at liberty to approach the Trial Court for appropriate relief on these grounds. 3 Allowed to withdraw with liberty as sought under intimation to the Trial Court as aforesaid. The Application is disposed as withdrawn with liberty as sought. ( N. D. DESHPANDE, J. )