1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 823 OF 2010 Ramchandra S/o Numdeo Nagargoje and others. ..PETITIONERS -VERSUS- Mirabai W/o Ramchandra Nagargoje and another ..RESPONDENTS ......... Mr. A. N. Nagargoje, advocate for the petitioners. Mr. N.S. Kadam, advocate for the respondent no.1. Mr. B.J. Sonawane, A.P.P. for respondent no.2. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 21 st October, 2010. PER COURT : 1. By consent, the Petition is being disposed of finally, at the stage of admission. 2. The learned Advocate for the petitioners and the respondent no.1 make a statement that respondent no.1-Mirabai is residing with the petitioner no.1 since about five years and there is no subsequent incident of the matrimonial discord. It is stated by the learned Advocates for the parties that if the private complaint case filed by the respondent no.1 and the subsequent charge sheet vide R.C.C. No.132/2008 are continued, there will be again disturbance in the matrimonial relation of the spouses. Respondent no.1-Mirabai has filed her affidavit. Her Advocate makes a 2 statement that there is no matrimonial cruelty as such after the reunion and since five years and spouses are residing happily. 3. Considering the fact of the joint residence of the spouses since about five years, it is amply clear that the continuation of the criminal case (R.C.C. No. 132/2008) is likely to cause wastage of judicial time. It will amount to abuse of judicial process. Hence, the Petition is allowed and the proceedings of the criminal case bearing R.C.C. No.132/2008 stands quashed. (V.R.KINGAONKAR) JUDGE gas/criwp823.10