1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3678/2009 Jitendra Mahendra Nirapure & 4 Ors. ..vs.. Sau. Chetna Jetendra Nirapur & anr. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. Chandak, Advocate for applicants. Mr. Shrivas Advocate for non applicant no.1. Ms Wasnik, A.P.P. for State. CORAM:- S. S. SHINDE, J. DATED :- 19 th December, 2009 1. Heard learned counsel for the parties. 2. This application is filed with prayer to quash and set aside First Information Report lodged vide Crime No. 316/2008 at Ajni Police Station, Nagpur against applicant and his family members. 3. Pursuant to the notice issued by this Court, the applicant as well as non applicant no.1 herein have filed joint affidavit stating therein that they have amicably settled the matter and filed necessary proceedings before the Family Court for divorce. They have mutually agreed to separate from each other and for that purpose divorce petition is filed before the Family Court. However, the parties have agreed to withdraw the cases pending against 2 each other and, therefore, this application came to be filed praying therein to quash and set aside the First Information Report vide Crime No. 316/2008 filed by non applicant no1. 4. The joint affidavit is on record from page nos. 30 to 34. In view of the contents of the joint affidavit and in view of the fact that the parties have decided to separate from each other by obtaining divorce from Family Court and to that effect divorce petition is already pending before the Family Court further investigation in pursuant to First Information Report vide Crime No. 316/2008 will be the abuse of process of law and no purpose would be served and it would be only wastage of time. 5. In view of above, the application is allowed in terms of prayer clause (1) and disposed of accordingly. Miscellaneous applications, if any pending, stand disposed of. JUDGE kahale