1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CRIMINAL WRIT PETITION NO.2645 OF 2011 Karan Prakash Gandhi Petitioner versus The State and another Respondents Mr.R.S.Lodhi for petitioner. Ms.Neelam Ghorpade for respondent no.2. Mr.J.P.Yagnik, APP for State. CORAM : A.M.KHANWILKAR AND P.D.KODE, JJ. DATE : 3rd October 2011 PC : 1. Heard learned Counsel for the petitioner. Rule. Returnable forthwith, by consent. Mr.J.P.Yagnik, learned APP waives service for State and Ms.Neelam Ghorpade waives service for respondent no.2. 2. The relief claimed in this Petition is for quashing of FIR vide C.R.No.22 of 2011, dated 14th January 2011 registered at the instance of the respondent no.2 at Andheri Police Station, Mumbai for offences punishable under Sections 498-A and 406 of Indian Penal Code. It is noticed that the incident in question is essentially pertaining to matrimonial dispute between the petitioner and respondent No.2 who were married on 2nd June 2009. The matrimonial disputes have now been amicably resolved between the parties. The petitioner/husband and respondent no.2/wife have already filed consent terms dated 27th July 2011 before the Family Court, at Bandra. As per the arrangement referred to in the said Consent Terms, the petitioner and respondent no.2 2 have agreed for divorce by mutual consent on the terms and conditions specified in the Consent Terms. The said position is reiterated by the advocate appearing for respondent no.2. The advocate for respondent no.2/wife submits that she has agreed for the said arrangement with full understanding and without any duress or coercion from any quarter. Learned APP submits that since the offence is not compoundable offence, he may leave it to the Court to consider the request of the private parties. 3. In our considered opinion, since petitioner and respondent No.2 have amicably resolved all their matrimonial issues and have decided to part company of each other and to begin their future career anew, it would be in the interest of justice of all concerned that the relief claimed in this Petition in terms prayer clause-(A) is granted. The respondent no.2 has no intention of pursuing any criminal action against the petitioner. Even Case No.56/DV/2011 under Domestic Violence Act filed by the respondent no.1 against the petitioner came to be withdrawn vide order dated 9th August 2011. As aforesaid, the respondent no.2 has agreed to withdraw or quash the FIR.. 4. Taking overall view of the matter, in the interest of justice, we allow this Petition in terms of prayer clause (a) which reads thus :- " (a) The Hon'ble Court be pleased to set aside/quash the FIR No.22/2011 dated 14-01-2011 registered with Andheri Police Station against all the accused, the applicant and his other family member." 5. Ordered accordingly. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)