IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 508 OF 2008 Rahul Prakashchand Khanna & Anr. ...... ......Petitioners V/s State of Maharashtra & Anr. ...... ......Respondents. Mr.Amol V. Doijode, Adv. For the petitioners. Mr.S.A.Velkar, Adv. For the respondent No.2. Mr.Y.S.Shinde, APP for the State. CORAM: A.P.DESHPANDE, J. 12/3/08 PC: Rule. Rule made returnable forthwith. Taking up for final hearing by consent of both the parties. Petitioner No.1 and respondent No.2 got married on 26.5.2002. Out of the marital wedlock a child by name Ram is born on 30.12.03 who is now aged about five years. On account of marital discord respondent No.2 filed FIR against the present petitioners and pursuant to the same an offence punishable under sections 498A, 406, 323 and 504 of IPC came to be registered. The proceedings are pending on the file of Metropolitan Magistrate, 22nd Court, Andheri vide case No.1055/PW/07. The respondent No.2 herein and applicant No.1 filed marriage petition in the Family Court at Bandra vide Petition No.F-8/07 and obtained a decree of divorce by mutual consent under section 13(b) of the Hindu Marriage Act. Parties have filed consent terms and agreed to separate by decree of divorce. Under the consent terms custody of the child who is suffering from critical ailment is to remain with 1 applicant No.1-father. The applicant No.1 has agreed to look after the child and as also further agreed to pay maintenance in the sum of Rs.3,900/- per month to respondent No.2. The wife-respondent No.2 herein has agreed for withdrawal/quashing of the complaint vide clause 14 of the consent terms. Respondent No.2 is present in person in Court and is also represented by a lawyer. Respondent No.2 has categorically stated that she is no longer interested in continuing the prosecution of the present petitioners in case No.1055/PW/07. Affidavit duly sworn by respondent No.2 goes to state that because of misunderstanding between the parties criminal proceedings were initiated it is taken on record and marked `X' for identification. Both the learned counsel appearing for respective parties submit that all the disputes between the parties are amicably resolved and in pursuance thereof consent terms were filed before the Family Court which resulted in passing of decree of dissolution of marriage by consent of parties. Both the learned counsel submit that it would be futile to continue criminal proceedings. Having regard to the totality of facts and circumstances I am also of the view that it would be in the interest of justice to quash the proceedings. In the peculiar facts and circumstances of the present case I am of the view that quashing of the proceedings would be in furtherance of cause of justice. In the result writ petition is allowed. Criminal proceedings pending o the file of Metropolitan Magistrate 22nd Court, Andheri vide case No.1055/PW/07 are quashed and set aside. Rule made absolute in above terms. 2