1 wp1613-09 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1613 OF 2009 Prem Ram Mulchandani and another .. Petitioners Vs. State of Maharashtra and others .. Respondents Mr. Edithday and S. N. Raj for the petitioners Mr. S. A. Shaikh, APP for the State CORAM : N. D. DESHPANDE, J. DATE : 23rd February, 2011 P. C. 1. Heard both sides. 2. This petition is filed for quashing the proceedings bearing CC No. 37/PS/2008 pending before the Metropolitan Magistrate Court, Bandra against the present petitioners. FIR (CR 321/07)was registered against the applicant for having committed offences punishable under Sections 498-A, 406 and 506(2), 504 r/w 34 of I.P.C. Now, the petitioner-husband's case before this Court is that there is settlement and compromise between him and his wife who is respondent no.2 and therefore he can legitimately compromise and compound the offence and this Court has inherent power to direct quashing under Section 482 of the Criminal Procedure Code. 3. The petitioners moved High Court for quashing of the 2 wp1613-09 proceedings in the light of certain terms and conditions which the respondent no.2 wife and petitioner agreed before the Family Court for getting compromise decree. Admittedly, the proceedings in question for quashing is a criminal case where the complainant wife is aggrieved person and under criminal law, it is the complainant who is aggrieved is only entitled for compounding of the offence, that too in a case where compounding is permissible in law with or without permission of the Court. Admittedly, the offence under Section 498-A is non compoundable. The petition by the present petitioners who are accused cannot be maintained. In view of this observation, the learned advocate for the petitioners seeks to withdraw the petition with liberty to adopt proper course. 4. Since the matrimonial dispute having came to an end and the dispute is purely a private party dispute, on basis of the judgment of the Apex Court reported in 2003 ALL MR (Cri) 1162 (SC) B. S.Joshi & ors Vs. State of Haryana & ors., the Petitioner is now allowed to withdraw this petition with liberty to present the petition in a proper form. Aggrieved party-complainant should be a petitioner. The petitioners to file a fresh petition stating all these facts honestly and with all bonafides for seeking such relief in the petition. 5. The Writ Petition is accordingly disposed of. ( N. D. DESHPANDE, J. )