1 APL 78.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 78 OF 2011 Mr. Mahendra Radheshyam Tiwari & Ors. ... Applicants. V/s. The State of Maharashtra & Anr. ... Respondents. Mr. R.P. Ojha for the Applicants. Mr. A.S. Shitole, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 19th SEPTEMBER 2011. P.C. :- Heard learned Counsel for the Petitioner. Certified Copy of decree annexing consent terms produced. Notice to Respondent No.2 - the wife Smt. Priti is served as per office note. Notice is accepted by sister-in-law Urvashi Chaudhary, residing with said Priti. Separate notice was also sent by Speed Post on 9.9.2011. However, Respondent absent when called. 2. The matrimonial relations between the Petitioner Mahendra and the Respondent Mrs. Priti are severe by way of consent terms confirmed in the decree in Matrimonial Petition No.A-762 of 2004 before the learned 3rd Family Court at Bandra, Mumbai. The consent terms inter-alia, incorporate 2 APL 78.11.sxw withdrawal of the prosecution being C.R.No.604 of 2003 of Oshiwara Police Station for an offence under Section 498-A, 406 r/w. 34 of IPC pending before the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai. 3. Considering the decree of the Family Court and the matter is settled, no public policy is involved, the proceedings initiated by the wife being Case No.222/PW/2004 pending before the learned Metropolitan Magistrate, 22nd Court, Andheri are quashed and set aside to the extent of Petitioners. Petition allowed as above. (K.U. CHANDIWAL,J.)