1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1770 OF 2010 Shivkumar Balkrishna Diwan and others ...... Applicants. V/s Neetu Shivkumar Diwan and another. ...... Respondents. Ms. I.M. Koparkar for the applicants. Mr. Wasim Salim for Respondent No.1. Ms. R.V. Newton, APP for the State. Mentioned, not on board: CORAM: V. M. KANADE, J. DATE : 23RD APRIL 2010 P.C.:- 1. Rule. Respondents waive service. Rule is made returnable forthwith. 2. Both, the Respondent No.1 and applicant No.1 are present in court and, therefore, this application has been taken up for hearing forthwith. 3. This application is filed for quashing the complaint filed under section 498A of the Indian Penal Code. It is submitted that the parties have now filed Petition for divorce by mutual consent in Family Court at Pune. Official Report also has 2 been given by the counselor attached to the said Family Court in which she has stated that differences between parties are very serious and it is not possible to reconcile these differences. She has also stated that the parties have decided to take divorce by consent and the terms and conditions are mentioned in the joint pursis. The said terms and conditions are annexed at Exhibit-B to this application. One of the clauses in the said consent terms is that the Respondent no.1 shall withdraw criminal complaints against the applicants. Respondent No.1 also has filed an affidavit in this court which is annexed to this application at Exhibit-D where she has reiterated her stand. 4. I have interviewed Respondent No.1. She has stated that she has filed the said affidavit voluntarily. I am satisfied that both parties have decided to dissolve their first marriage and start new life on a clean slate. In my view, therefore, quashing the FIR is in the interest of both Respondent no.1 and the applicants. 5. C.R. No.I – 187 of 2009 dated 5th April 2009 pending with respondent No.2 against applicant No.1 to 4 at Ambad Police Station Nashik for the offences punishable under sections 498A, 323, 504, 506 read with section 34 of the Indian Penal Code is quashed and set aside. Application is accordingly allowed and disposed of. (V.M. KANADE, J.) 3