* 1 * WP-2314-2011 23 Dec, 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2314 OF 2011 1. Shri. Deepak Sumersingh Tanwar & Ors. ....Petitioners : V/S. : State of Maharashtra & anr. ....Respondents * * * * Mr. M.S. Bharadwaj, Advocate for the petitioners. Mrs. G.P. Mulekar, APP for State-respondent no.1. Respondent no.2 present in person. * * * * CORAM :- Smt. R.P. SondurBaldota, J. 23rd December, 2011. P.C. :- 1. This petition filed under Section 482 Criminal Procedure Code is for quashing of criminal case being C.C. No. 825/PW/2008 pending in the Court of the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai arising out of FIR No. 124 of 2008 dated 17th June, 2008 for the offences punishable under Sections 498-A, 406, 506(II), 504 read with Section 34 Indian Penal Code. 2. The learned Counsel for the petitioner, states that respondent no.2-wife and respondent no.1-husband have already resolved the matrimonial dispute between them by filing consent terms dated 19th June, 2010 in Petition No. * 2 * WP-2314-2011 23 Dec, 2011 F-1365/2009. By the consent terms, the marriage between the parties is dissolved by mutual consent and the parties have agreed to withdraw all the allegations made against each other. The consent terms also refer to the proceedings sought to be quashed by this petition. Clause-5 of the consent terms records that respondent no.2 desires to withdraw the criminal proceedings against the petitioners. 2. Respondent no.2 is present in Court. Mr. Bharadwaj, learned Counsel for the petitioner, states that he identifies respondent no.2. He states that he has seen her identification papers. Respondent no.2, states that, she does not desire to prosecute the criminal proceedings initiated by her against the petitioner. 3. The proceedings herein arise out of matrimonial dispute between petitioner no.1 and respondent no.2. The dispute is personal to the parties. It does not involve any public policy. Since respondent no.2-the complainant does not desire to prosecute the proceedings, there is no point in continuing with the criminal proceedings, which are ultimately going to result into acquittal. Hence, the petition is allowed in terms of prayer clause (a). [SMT. R.P. SONDURBALDOTA, J] * 3 * WP-2314-2011 23 Dec, 2011