1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.493 OF 2007 Ajay C. Banchhod & Ors. .. Petitioners Vs. State of Maharashtra & Anr. .. Respondents Mr.S.B.Deshpande for the petitioners Mr.R.V.Gangarkar for respondent no.3 Mr.P.A.Pol, A.P.P. for the State CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATED : 30TH APRIL, 2008 DATED : 30TH APRIL, 2008 DATED : 30TH APRIL, 2008 P.C.: 1. The petition has been filed for quashing Criminal Case No.518/P/2003 pending in the Metropolitan Magistrate’s Court, Vikhroli which has arisen from F.I.R. No.304 of 2001. The offence registered against the petitioners is under section 392 r/w sec.34 of the I.P.C. Petitioner no.1 was married to respondent no.3. Their marriage has ended in a divorce. Petitioner no.2 is a sister of petitioner no.1. Petitioner no.1 and respondent 2 no.3 have now got married to different partners after the dissolution of their marriage. However, while their marriage was subsisting respondent no.3 had filed proceedings against the petitioners under sec.498A and s.392 of the I.P.C. The proceedings under section 498 A had been quashed by this court on an earlier occasion. What remains is the proceeding u.s.392 r/w s.34 of the I.P.C. 2. Respondent no.3 is present in the Court. She states that she has no grievance against the petitioners and has agreed that the proceedings initiated by her against the petitioners should be quashed while obtaining divorce by mutual consent. 3. In these circumstances, it would be futile to continue with the criminal proceedings pending before the Vikhroli Court as in all probability, there shall be no evidence to prove the case against the petitioners if the complainant herself does not desire to proceed with her complaint. As held in the case of B.S.Joshi and Ors. v. State of Haryana and Anr. reported in (2003) 4 SCC 675, when the wife does not support the imputation made 3 in the F.I.R. it would be useless to continue with the prosecution. Besides, the allegation against the petitioners is purely personal which the respondent no.2 does not support now. 4. In these circumstances proceedings in Criminal Case No.518/P/2003 pending before the Metropolitan Magistrate’s Court, Vikhroli, Mumbai are quashed. F.I.R. No.304/2001 is also quashed. 5. Writ Petition is disposed of accordingly. (SMT. NISHITA MHATRE, J.) (SMT. NISHITA MHATRE, J.) (SMT. NISHITA MHATRE, J.)