1 apl128-11 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 128 OF 2011 Vikas D. Sharma .. Applicant Versus The State of Maharashtra and others .. Respondents Manoj M. Kondekr for the applicant Mr. S. A. Shaikh, APP for the State Mr. C. B. Mali for respondent no.2 CORAM : N. D. DESHPANDE, J. DATE : 7 th April, 2011 ORAL ORDER: 1. Heard both sides. Applicant No.1 and respondent no.2 are present. 2. On the complaint of respondent No. 2-wife, a case has been filed against the applicants- accused under Sections 498-A , 323, 504, 506 r/w 34 of the Indian Penal Code. The applicants are relying on the affidavit of respondent No.2 who is present before the Court with her counsel and supporting this application for quashing under Section 482 of the Criminal Procedure Code. 3. It is true that the present application is arising out of matrimonial dispute. A petition for divorce has been filed by the 2 apl128-11 applicant -husband before the Family Court and the same is pending. Since the parties have decided to settle divorce matter, the said petition then converted as petition for divorce by mutual consent, as told. It is submitted that the parties have agreed to settle their complaint case under Section 498-A, 323, 504, 506 r/w 34 of IPC. in FIR No. 11 of 2009 registered with Mehwadi Police Station and prayed for compounding of the offence in favour of the applicants and to that effect affidavit has also been filed on record by the respondent wife-complainant. Admittedly such affidavit cannot be considered at this stage because the said consent terms to withdraw the prosecution have not been verified. Unless the terms and condition of compromise are verified it cannot be considered for giving effect of evidence. The matter is pending before the Family Court which is competent court to verify and record the compromise. As such the present application is premature. The learned counsel for the applicants, therefore seeks to withdraw the application. Allowed to withdraw. 4. The application stand disposed of since withdrawn with liberty to move the trial Court. ( N. D. DESHPANDE, J. )