IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 249 OF 2008 Rajrendra Jagganath Naik & Ors. ..... ...... Applicants. V/s Rachana R. Naik & Anr. ..... ...... ......Respondents. Mr.Prashant P. Prabhu, Adv. For the Applicants. Mr.C.K.Pendse, Adv. For the respondent No.1. Mr.S.R.Shinde, APP for the State. CORAM: A.P.DESHPANDE, J. 7/2/08 PC: This application is moved invoking jurisdiction of this Court under section 482 of the Criminal Procedure Code. The applicant No.1 Rajendra and respondent No.1 are husband and wife respectively. Their marriage was performed on 10.3.03. They are living separately from 15.5.03 and there is no issue borne out of the said wedlock. Respondent No.1 lodged an FIR. Criminal Case No.58/PW/07 (CR No.1/06) came to be registered with Bhoiwada police station which is pending with the Metropolitan Magistrate 29th Court. By the present application the applicants are seeking quashing of the proceedings in criminal case No.58/PW/07. The other applicants are family members of the applicant No.1 including his mother and sister. Applicant No.1 has filed divorce petition which is pending in the Family Court, Bandra vide Petition 1 No.A/1685/05. In the said divorce petition the application No.1 and respondent No.1 have agreed to obtain divorce by mutual consent. Consent terms are placed on record of the Family Court of which copy is filed at Ex.E in these proceedings. As per the consent terms of the disputes inter se between the parties same have been resolved amicably. Towards permanent alimony applicant No.1 has agreed to pay to respondent No.1 sum of Rs.1,50,000/-. The petitioner has deposited cash amount of Rs.1,30,000/- with Bhoiwada police station pursuant to an order dated 8.9.06 passed by the Court of Sessions in Anticipatory Bail Application No.207/06. It is agreed between the parties that the said amount should be returned to the applicant No.1 and after its receipt the applicant No.1 shall deposit sum of Rs.1,50,000/- in the Family Court at Bandra within one week from the date of receipt of Rs.1,30,000/- from Bhoiwada police station and thus respondent No.1 will be entitled to receive sum of Rs.1,50,000/-. Applicant No.1 so also respondent No.1 are present in the Court in person. Respondent No.1 is agreeable for quashing of proceedings in criminal case No.58/PW/07. Parties are placing reliance on a judgment reported in the case of B.S.Joshi & Ors. V/s State of Haryana & Anr., (2003) 4 SCC 675 for seeking orders of quashing of criminal proceedings as the same would be in the interest of justice and in furtherance of its cause. As I am of the view that it would be in the interest of all the parties to grant present application I allow the same. Rule is made absolute in terms of prayer clause (a). Bhoiwada police station is directed to return the 2 sum of Rs.1,30,000/- to applicant No.1 deposited by him pursuant to order passed in AB Application on 8.9.06 on production of receipt indicating the deposit. The applicant No.1 shall deposit Rs.1,50,000/- with the Family Court within one week from the dte of withdrawal of Rs.1,30,000/- from the police station and on such deposit being made the respondent No.1 is permitted to withdraw the same. Application is allowed and disposed of in the above terms. 7.2.08 3