: 1 : fca-47-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 47 OF 2011 WITH CIVIL APPLICATION NO. 81 OF 2011 IN M.J. PETITION NO. A-1504 OF 2006 WITH CRIMINAL WRIT PETITION NO. 2365 OF 2011 Nitin Vijay Kurane .. Appellant v/s. Renuka Nitin Kurane .. Respondent ......... Mr. A.S. Gadkari for the appellant Ms. Kokila Kalra for the respondent Mrs. M.H. Mhatre, APP for State in Cri. WP-2365/11 ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 10th AUGUST, 2011. P.C. : . Not on Board. Upon mentioning, taken on Board. 2. Counsel for the parties have handed in Consent Terms and are inviting order of the Court to dispose of the Family Court Appeal pending before this Court on the said terms. The Consent Terms are taken on record and marked `X’. : 2 : fca-47-11=.doc 3. As requested by the parties, we permit the parties to convert the original M.J.Petition No. A-1504 of 2006 as Petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. 4. The parties have withdrawn all the allegations made against each other in the Petition and instead, are inviting decree of divorce by mutual consent under Section 13-B of the Act. 5. Considering the nature of dispute and the fact that there is no possibility of parties coming together and resuming cohabitation, we accede to the request of the parties to grant decree of divorce by mutual consent under Section 13-B of the Act. 6. The undertakings given by the parties to withdraw the Criminal Court matter being R.C.C. No. 286 of 2007 in C.R. No.5 of 2007 pending in the JMFC Court, CBD, Belapur, Navi Mumbai are accepted. Office shall, therefore, treat the Appeal as disposed of in terms of the Consent Terms filed on record. The original Petitions filed by the respective parties are made absolute under Section 13-B of the Hindu Marriage Act and the marriage between the parties would, therefore, stand dissolved by mutual consent in terms of this order. : 3 : fca-47-11=.doc 7. During the pendency of the Appeal, since the parties decided to amicably settle all the inter se disputes, the wife has decided not to precipitate the criminal action instituted against her mother-in-law and the appellant named in the complaint filed by her in Turbhe Police Station, Navi Mumbai, which is now proceeded as R.C.C. No.286 of 2007 arising out of C.R. No. 5/2007 pending before JMFC, CBD, Belapur, Navi Mumbai. The wife is present in Court and states that she does not want to precipitate the said criminal action against her mother-in-law and appellant. 8. In view of the arrangement agreed upon between the parties to amicably resolve all their matrimonial disputes, the appellant has filed separate Writ Petition in this Court for quashing of the criminal action pending against him as well as his mother being Criminal Writ Petition No. 2365 of 2011. Although as per the assignment, that Petition will have to be heard by another Bench, however, at the joint request of the parties, in the interest of justice, we acceded to dispose of the said Petition along with the present Appeal as quashing of the criminal proceedings is one of the pre-condition for overall settlement arrived at between the parties. Smt. M.H. Mhatre for the State who is present in Court submits that the Court may pass appropriate order in the matter. : 4 : fca-47-11=.doc As aforesaid, since all disputes have been amicably settled between the parties and the wife is not interested in precipitating the allegations made against her mother-in-law which essentially emanated from the matrimonial dispute, to do substantial justice to the parties, we think it appropriate to allow the Writ Petition No. 2365 of 2011 in terms of prayer clause (a) thereby quashing the criminal case No. R.C.C.No.286 of 2007 arising out of C.R. No.5 of 2007 pending before the JMFC Court, CBD, Belapur, Navi Mumbai. 9. The Appeal as well as criminal Writ Petition are disposed of together in the above terms. Decree be drawn up on the above terms. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)