1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1638 OF 2010 Shri Madhubai @ Muli Nannji Jogdiya & Ors. ...Petitioners vs. The State of Maharashtra & Anr. ...Respondents Mr.Prasad S. Panchal for the Petitioners. Mr.J.P. Kharge, APP for the State. Mr.G.T. Kanchanpurkar for Respondent No.2. CORAM : V.M. KANADE, J. DATED : JUNE 30, 2010 P.C. :- 1 Heard Counsel for the petitioners and Counsel for respondent no.2. 2 This petition has been filed for quashing the criminal complaint filed by respondent no.2 against the petitioners herein. 2 3 It appears that there was some quarrel between respondent no.2 and the petitioners herein and in a fit of rage, respondent no.2 consumed poison and a complaint was lodged by her that the petitioners forced her to consume poison. Respondent no.2 has now filed an affidavit stating therein that in fact, she had consumed poison in a fit of rage. She has further stated that she is now residing with her husband and that she is not ill-treated by the petitioners herein. She has stated in the affidavit that she has no objection if the complaint is quashed. Respondent no.2 is present in the court and she reiterates the submission made by her in the affidavit in reply. In the affidavit in reply, she has further stated that on account of the complaint filed by her, petitioner no.3 has been suspended from service and as a result, it has become very difficult for the family to meet the expenses. 4 Taking into consideration all these aspects, in my view, this is fit case for quashing 3 the complaint. The Apex Court also in the case of B.S. Joshi and others vs. State of Haryana and another, reported in AIR 2003 Supreme Court 1386, has held that in such circumstances, the High Court can quash the complaint under Section 482 of the Cr.P.C. 5 In the result, the writ petition is allowed. FIR No.253/2009 registered with the Nagpada Police Station is quashed and set aside. 6 Writ petition is allowed in terms of prayer clause (a). (V.M. KANADE, J.)