..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2796 OF 2006 Raghavendra Shankar Rao ...Petitioner. Versus Versus Versus The State of Maharashtra and Anr. ...Respondents. .... Mr.Rishi Bhuta, Adv. for Petitioner. Mr.D.P.Adsule, APP, for State. Mr.Milan Desai, Adv. for Respondent No.2. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 8th March, 2007. DATED : 8th March, 2007. DATED : 8th March, 2007. P.C.: 1. Heard the learned Advocate for the petitioner-orig.accused, the learned Advocate for respondent No.2-orig.complainant and the learned APP for the State. The complainant is present before the Court. 2. The petitioner is seeking quashing of FIR being C.R. No.616 of 1994 of Chembur Police Station. The said case is under Sections 498-A and 406 of IPC. ..(2).. 3. The learned Advocate for the respondent No.2-orig.complainant states that the matter has been amicably settled between the parties and divorce by mutual consent has been granted by Family Court. The parties have arrived at a memorandum of understanding wherein it is stated that all the offences under the IPC would be settled and/or withdrawn by the respondent No.2-orig.complainant. The complainant who is present before the Court states that she does not wish to proceed with the complaint. 4. The learned APP however submitted that the petitioner is abroad and he was not available for trial. Thereupon the respondent No.2-orig.complainant has stated that infact her husband i.e. petitioner was already abroad and thereafter she has filed a complaint against him. She has categorically stated that she does not wish to proceed with the complaint in respect of her husband. 5. In view of this statement and in view of the decision of the Apex Court in the case of B.S.Joshi and another Vs. State of Haryana and B.S.Joshi and another Vs. State of Haryana and B.S.Joshi and another Vs. State of Haryana and ..(3).. another, reported in Judgment Today 2003(3) another, reported in Judgment Today 2003(3) another, reported in Judgment Today 2003(3) S.C.277 S.C.277 S.C.277, the prayer of the petitioner can be considered. Hence, C.R.No.616 of 1994 of Chembur Police Station and the proceedings relating thereto are quashed. 6. Writ Petition is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)