SM 1 910.apl.832.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 832 OF 2011 Mr. Sandeep Ramlakhan Singh and another ....Applicants Versus The State of Maharashtra and another ....Respondents ____________ Mr. Rajendra R. Mishra for the Applicants. Mr. A. S. Shitole, APP for the Respondent-State. Ms. Sartaj Shaikh for the Respondent No. 2. CORAM: B. R. GAVAI, J. DATED : 10TH AUGUST, 2011. P.C.: Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present application, the applicants are praying for quashing and setting aside the C.C. No. 614/PW/2008 pending before the learned Metropolitan Magistrate, 26th Court at Borivali, Mumbai arising out of FIR no. 386 of 2007 for the offence punishable under Sections 498 (A), 406 r/w Section 34 of the Indian Penal Code. 3. The FIR in question came to be registered at the instance of respondent no. 2. 4. The applicant no. 1 and the respondent no. 2 are husband and wife. They were married with each other on 5th December, 2007. It appears that, immediately, thereafter there is a dispute between the parties. The aforesaid FIR came to be SM 2 910.apl.832.11 registered due to the matrimonial dispute. 5. With the assistance of the mother, the parties have dissolved their dispute amicably. The applicant no. 1 and the respondent no. 2 have obtained decree of divorce by mutual consent. The respondent no. 2-complainant has filed affidavit reiterating the same. 6. The Apex Court in case of B. S. Joshi Vs. State of Haryana reported in AIR 2003 SC 1386 has held that this Court should encourage matrimonial settlements by quashing criminal proceedings. IN that view of the matter, this is a fit case for exercising inherent powers under Section 482 of the Code of Criminal Procedure. 7. Rule made absolute in terms of prayer clause (b). (B. R. GAVAI, J.)