( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3420 OF 2010 Nilesh Jaswantrai Hemani & others APPLICANTS VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. C.R. Deshpande, advocate for the applicants. Mrs. B.R. Khekale, APP for the respondent/State. Ms. Rashmi P. Hardas, advocate for the respondent No. 2. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 28th September, 2010] PER COURT : 1. By consent, the application is being disposed of, in view of settlement between the parties. 2. The respondent No. 2 is wife of the applicant No. 1. She filed complaint application vide R.C.C. No. 210/2009 in the Court of learned Judicial Magistrate (F.C.), Nandurbar. Her application was referred for investigation under section 156 (3) of the Criminal Procedure Code. The police treated the application as F.I.R. and filed chargesheet against the applicants for the offences punishable under section 498-A, 402, 323, 504 and 506 read ( 2 ) with section 34 of the I.P. Code. It appears that in the meanwhile, the spouses settled all the disputes in the proceedings before the Family Court and filed consent terms. The wife agreed to withdraw the complaint and the prosecution for offence punishable under section 498-A and 406 of the I.P. Code. The marriage between the spouses is dissolved in view of mutual consent. Needless to say, the prosecution would amount to abuse of process of the Court, if the same is allowed to be continued. In this view of the matter, the application is allowed and the impugned prosecution initiated vide R.C.C. No. 354/2009 stands quashed. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln3420-10