Ladda 1 wp-1295-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1295 of 2011. Mrs Subhag Vijay Sawant and others .. Petitioners. versus The State of Maharashtra and Anr .. Respondents. Mr Amol Phoujdar, Advocate for the Petitioners. Respondent No.2 - Mrs Leena Ameet is present in the Court. CORAM: A.R.JOSHI, J. DATED:- 3rd May, 2011. P.C. 1. Rule. Rule returnable forthwith by consent of parties. 2. Heard rival submissions for some time on this writ petition filed by the petitioner praying for quashing criminal case no.604/PW/2010 pending before the Additional C.M.M., 5th Court, Bhoiwada, Mumbai arising out of C.R.No.45/2010. Respondent No.2-wife had filed F.I.R. against the present petitioners for taking action against them for the offence punishable under sections 498-A, 503 read with section 34 of I.P.C. Ladda 2 wp-1295-11.doc 3. During the pendency of the matter parties had amicably settled matrimonial dispute and as such the petition for divorce by mutual consent bearing No. A-1257/2010 was filed before the Family Court,Mumbai, at Bandra. Consent terms were filed in the said divorce Petition on 9.11.2010. 4. In para no.6 of the said consent terms, it is mentioned that present Respondent No.2 has withdrawn the allegations against the present petitioners. 5. Respondent No.2 is present today in the Court. She has filed affidavit dated 29th April,2011, specifically mentioning in para No.5 that the difference between the parties have been amicably settled and she did not desire to prosecute her complaint any further and she has no objection if the proceeding of CC No.604/PW/10 is quashed. 6. Considering that the dispute between the parties was of personal nature arising out of matrimonial dispute and considering that said matrimonial dispute has now been resolved and considering the statement of respondent No.2- complainant withdrawing all the allegations against the petitioners, the present petition can be allowed in the interest of justice so as to not to waste the court time in furthering the litigation in the pending criminal case. 7. Hence, Writ Petition is allowed. Proceeding in CC No.604/PW/10 Ladda 3 wp-1295-11.doc pending before the M.M.5th Court at Bhoiwada, Mumbai arising out of C.R.No.45 of 2010 at Shivaji Park Police Station filed by Respondent No. 2 shall stand cancelled. Rule is made absolute accordingly. (A.R.JOSHI, J.)