1 WP 904.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION WRIT PETITION NO. 904 OF 2011 Nishish Naresh Bagul & Ors. ... Petitioners. V/s. Sau. Savita Nishish Bagul & Anr. ... Respondents. Mr. Sachin S. Punde for the Petitioners. Mr. R.N. Gite, for the Respondents. Mrs. P.P. Bhosale, APP for the State. CORAM : A.R. JOSHI, J. DATED : 02nd MAY 2011. P.C. :- Rule. Rule made returnable forthwith by consent of parties. 2. Heard rival submissions for some time on this Writ Petition preferred by the Petitioner – husband for quashing the first information report bearing C.R.No. 131 of 2008 registered at Nasik Road Police Station for the offences punishable under Section 498-A, 323, 504 r/w. Sec. 34 of I.P.C. against the Petitioners. 3. Today, Petitioner No.1 and Respondent No.1 who are husband and wife are present in the Court. Reportedly, name of Respondent No.1 is wrongly mentioned in the Petition as Sau. Savita Bagul. However, her correct name is Sau. Kavita Bagul. Affidavit is filed by Respondent No.1 – Kavita Bagul sworn on 25th March 2011 in which she had specifically 2 WP 904.11.sxw mentioned in paragraph 2 that all the disputes between her and the present Petitioner have been amicably settled. In the said affidavit it is further submitted that she has no objection for quashing the proceeding which is arising out of C.R.No.131 of 2008 registered with Nasik Road Police Station. Contents of the said affidavit are vouched by Respondent No.1 – wife and Petitioner No.1. Respondent No.1 states that presently they are staying together as the disputes between them have already amicably settled. 4. Considering the grievances of personal nature and apparently redressed as vouched by Respondent No.1 – original complainant, in the opinion of this Court, continuation of the said criminal proceeding before J.M.F.C. Court at Nasik arising out of C.R. No.131 of 2008 would be exercised in futility and it will take time of the Court without any just cause. It would be in the fitness of the situation when the contesting parties have amicably settled their matrimonial disputes, to put an end to the said litigation initiated by Respondent No.1 mainly when she is a consenting party and presently happily staying with Petitioner No.1, her husband. 5. In that view of the matter, present Writ Petition is allowed. The proceeding which is arising out of C.R. No.131 of 2008 registered with Nasik Road Police Station is quashed and set aside. Rule is made absolute accordingly. (A.R. JOSHI, J.)