1 48.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.48 OF 2011 WITH CIVIL APPLIATION NO.92 OF 2011 WITH FAMILY COURT APPEAL NO.49 OF 2011 Jagdish Pratap Mulani ...Appellant Versus Kirti Jagdish Mulani ...Respondent WITH FAMILY COURT APPEAL NO.73 OF 2011 WITH CIVIL APPLIATION NO.137 OF 2011 Kirti Jagdish Mulani ...Appellant Versus Jagdish Pratap Mulani ...Respondent ALONG WITH CRIMINAL WRIT PETITION NO.2055 OF 2011 Narendra Mulani & Ors. ...Petitioners Versus Kirti Jagdish Mulani & Ors. ...Respondents ...... Mr.A.M.Vernekar with Mr.Niranjan Pandit & Mr.Muralidharan V.C. i/b Joy Legal Consultants for Appellant-husband. Ms.Sharmila Deshmukh for Respondent-wife. Mr.V.B.Konde-Deshmukh, A.P.P. for Respondent Nos. 1 & 2 in Cri.WP/2055/2011. ...... CORAM:- A.M.KHANWILKAR AND R.Y.GANOO, JJ. DATED:- JULY 19, 2011. 2 48.11 P.C. 1. Not on Board. Upon mentioning, taken on Board. 2. Counsel for the parties have handed in Consent Terms and are inviting order of the Court to dispose of the three Family Court Appeals pending before this Court on the said terms. The Consent Terms are taken on record and marked `X’. 3. As requested by the parties, we permit the parties to convert the original M.J.Petition Nos.A-2608/2007 and Petition No.C-58/2008 as Petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. 4. The parties have withdrawn all the allegations made against each other in the respective Petitions and instead, are inviting decree of divorce by mutual consent under Section 13-B of the Act. 5. Considering the nature of dispute and the fact that there is no possibility of parties coming together and resuming cohabitation, we accede to the request of the parties to grant decree of divorce by mutual consent under Section 13-B of the Act. 3 48.11 6. The undertakings given by the parties to withdraw all cross petitions filed against each other in Civil or Criminal Courts, are accepted. Office shall, therefore, treat the Appeals as disposed of in terms of the Consent Terms filed on record. The original Petitions filed by the respective parties are made absolute under Section 13-B of the Hindu Marriage Act and the marriage between the parties would, therefore, stand dissolved by mutual consent in terms of this order. 7. During the pendency of these Appeals, since the parties decided to amicably settle all the inter se disputes, the wife has decided not to precipitate the criminal action instituted against her brother-in-law and two other persons named in the complaint filed by her in Gamdevi Police Station, Mumbai, which is now proceeded as case No.100/PW/2009 arising out of Complaint No.56/M/2007 in FIR (C.R.) No.7/2007 pending before 40th Court, Girgaon, Mumbai. The wife is present in Court and states that she does not want to precipitate the said criminal action against her brother- in-law and two others. 4 48.11 8. Leave to amend to delete the word `malafide’ in paragraph No.4 of the criminal Writ Petition filed by the petitioner as prayed for is granted. Amendment be carried out forthwith. 9. In view of the arrangement agreed upon between the parties to amicably resolve all their matrimonial disputes, the brother-in-law of the wife has filed separate Writ Petition in this Court for quashing of the criminal action pending against him as well as two others being Criminal Writ Petition No.2055 of 2011. Although as per the assignment, that Petition will have to be heard by another Bench, however, at the joint request of the parties, in the interest of justice, we acceded to dispose of the said Petition along with the present Appeals as quashing of the criminal proceedings is one of the pre-condition for overall settlement arrived at between the parties. Mr.Konde-Deshmukh for the State on instruction of the concerned Investigating Officer who is present in Court submits that the Court may pass appropriate order in the matter. As aforesaid, since all disputes have been amicably settled between the parties and the wife is not interested in precipitating the allegations made against her brother-in-law which essentially emanated from the matrimonial dispute, to do substantial 5 48.11 justice to the parties, we think it appropriate to allow the Writ Petition in terms of prayer clause (a) thereby quashing the criminal case No. 100/PW/2009 arising out of complaint No.56/M/2007 in FIR (C.R.) No.7 of 2007 pending before the Matrimonial Magistrate, 40th Court, Girgaon, Mumbai. 10. The Appeals as well as criminal Writ Petition are disposed of together in the above terms. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)