CRIMINAL APPLICATION (APL) NO. 639 OF 2011. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 639 OF 2011. Atul Harde ..Vrs.. Jyoti Harde & another ------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders Orders. (Mr. M.V. Raut, Advocate for the applicant. Mr. A.P. Kalmegh, Advocate for the resp.no.1. Mr. K.L. Dharmadhikari,APP for the State.) ----- CORAM : A. H. JOSHI, J. DATE : 22nd December, 2011. Rule. Rule is made returnable forthwith. Learned Advocate Mr.A.P.Kalmegh has filed power for the respondent. Respondent accompanied by her father is present, and Resp. waives service. Applicant has filed this application for quashing of FIR, and allowing Cri.appeal 124/2008 pending in sessions Court Nagpur and setting aside the order of conviction and sentence ordered in Cri.Appeal 9/2007. The background is that parties have agreed to separated by mutual divorce and the amount of permanent alimony and other moneys is done by depositing in family Court. The respondent who is complainant wants to withdraw the complaint and agrees that by allowing appeal and by setting aside conviction and sentence the FIR be quashed. CRIMINAL APPLICATION (APL) NO. 639 OF 2011. 2 Considering the fact that matrimonial dispute which was the basic cause of controversy has come to end, and parties have compounded, interest of justice requires that the FIR be quashed and consequently the conviction and sentence ordered by JMFC Nagpur in RCC 9/2007 be set aside. In the result Rule is made absolute and FIR in Crime No 443/2006 of Pachpaoli Police Station Nagpur, and Judgment and order of conviction and sentence in RCC 9/2007 decided on 29/04/2008 are set aside. In the result appeal 124/2008 becomes infructuous and be treated as allowed. JUDGE Deshmukh