1 3110.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3110 OF 2011 Darsan Maheshkumar Yagnik & Ors. ..Petitioners Vs. State of Maharashtra & Anr. ..Respondents. .......... Mr.Mr.Mukesh Pabari for Petitioners. Mr.J.P.Yagnik, A.P.P. for Respondent No.1. Mr.Sumedh Jagtap for Respondent No.2. .......... CORAM : A. M. KHANWILKAR AND P. D. KODE, JJ. DATED : 18th OCTOBER, 2011. P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr.Yagnik, A.P.P. waives notice for respondent No.1. Mr.Jagtap waives notice for respondent No.2. 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. SQP 2 3110.11 4. The relief claimed in this Petition is for quashing of complaint/FIR filed by respondent No.2 bearing F.I.R. No.471 of 2009 on 27th November, 2009 at Malad Police Station. 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 11th March, 2007. The matrimonial disputes have now been amicably resolved between the parties. The respondent No.2/wife and petitioner/husband have already filed affidavits dated 18th October, 2011 before this Court. As per the arrangement agreed upon between the respondent No.2 and the petitioners, the respondent No.2 does not intend to precipitate the complaint registered by her against the petitioners herein and she has recorded consent for quashing of FIR. The said position is reiterated by the respondent No.2 who is personally present in the Court. Petitioner No. 1 is also present in Court. The respondent No.2 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 3110.11 5. 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 of prayer clause 14 (b) is granted. The respondent No.2 has no intention of pursuing any criminal action against the petitioners. As aforesaid, she has given declaration that she would give consent for quashing of FIR. 6. Taking overall view of the matter, in the interest of justice, we allow this Petition in terms of prayer clause 14(b) which reads thus :- “14(b) The complaint/F.I.R. filed by resp.No.2 bearing F.I.R. No.471 of 2009 on 27.11.2009 at Malad Police Station, may kindly be quashed.” Ordered accordingly. (P. D. KODE, J.) (A. M. KHANWILKAR, J.)