1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2470 OF 2010 Sani S/o Kundlik Dalvi and others ..APPLICANTS -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr. R.V. Gore, advocate for applicants. Mr. B.J. Sonawane, A.P.P. for respondent/State. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 20 th October, 2010. PER COURT : 1. By consent, this application is being finally disposed of, at the stage of admission. 2. The respondent no.2 is the wife of applicant no.1. There was matrimonial dispute between the spouses. The respondent no.2 lodged the F.I.R. alleging that she was being subjected to the matrimonial cruelty by the applicants in the matrimonial house. Consequent upon filing of the F.I.R., the applicants were booked for the offences under Sections 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code vide charge sheet submitted against them in the Court of learned Judicial Magistrate (F.C.) at Gangapur. 2 3. The present application is moved by the applicants for quashing of F.I.R. and the criminal proceedings arising from the same registered vide R.C.C. No. 131/2008 and pending on the file of learned Judicial Magistrate, (F.C.) at Gangapur. 4. The applicants would submit that the spouses are residing together since considerable period for more than one and half years and they have settled the matrimonial dispute. It is contended that the respondent no.2 is no more interested in prosecution of the applicants. It is further contended that the continuation of the criminal case is likely to unnecessarily disturb the cordial relations between the spouses. It is, therefore, urged to quash the proceedings of the criminal case. 5. The respondent no.2 has filed affidavit regarding the the settlement of the matrimonial dispute. It is stated by the respondent no.2 that she is now residing with the applicant no.1 and they are happily residing since about one and half years. The learned Advocate appearing for the respondent no.2 makes a statement that the respondent no.2 has settled the dispute and has no grievance against the applicants. He has no objection to quash the proceedings of the criminal case. 3 6. In order to verify the fact situation, the report of concerned P.S.O. was called. The report is placed on record by the learned A.P.P. (marked `X'). As per the report of P.S.O., Gangapur, the respondent no.2 is residing together with the applicant and has no grievance left. 7. In view of the foregoing discussion, it is amply clear that the continuation of the criminal case bearing R.C.C. No. 131/2008 filed against the applicants at the instance of the respondent no.2 may not be a fruitful exercise. It is more probable that the continuation of the criminal case would amount to wastage of judicial time and unnecessary exercise will have to be gone through. In order to avoid abuse of process of the Court, therefore, the proceedings are required to be quashed. 8. In the result, the application is allowed. The proceedings of criminal case (R.C.C. No.131/2008) are quashed. (V.R.KINGAONKAR) JUDGE gas/cri2470.10