1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. WRIT WRIT WRIT PETITION NO.2368 OF 2007 PETITION NO.2368 OF 2007 PETITION NO.2368 OF 2007 Vidya Sanjay Prabhu : Petitioner versus The State of Maharashtra and ors. : Respondents. Ms.Shubhangi Chavan h/f Jayshree Manjarekar for the Petitioner. Mr.D.R.More, APP, for the State. Ms.Kunjal P. Sanghavi for Respondent Nos.2 to 4. CORAM CORAM CORAM : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. DATED DATED DATED : JANUARY 28, 2008. : JANUARY 28, 2008. : JANUARY 28, 2008. P.C. P.C. P.C. 1. The petitioner and respondent No.2 had married some time in the year 2002. The petitioner and respondent No.2 had serious differences and hence had separated. Respondent 2 No.2 filed a Divorce Petition whereas the present petitioner had filed a complaint under Sections 498-A and 406 r/w 34 of the Indian Penal Code against the respondent No.2 and his father and mother who are the Respondent Nos.3 and 4. 2. Both the learned counsel for the petitioner and respondent Nos. 2 to 4 have submitted that the parties to this petition have resolved their dispute amicably and filed a consent terms before the Family Court on the basis of which divorce by mutual consent has already been granted. 3. Perused the consent terms. Under the consent terms, Respondent No.2/husband has deposited Rs.Seven lakhs with the family court for the same being paid to the petitioner. The custody of the only child is to remain with the mother. In view of the lumpsum payment made by the husband to the wife, further claim for maintenance for herself and the child has been given up. 4. Having regard to the totality of the facts and circumstances of the case, I deem it 3 appropriate to grant the relief prayed for by the petitioner/wife which is in the nature of quashing of the complaint/FIR. As the offence is not compoundable, the parties have moved this Court and have placed reliance on the judgment of the Supreme Court in the case of B.S.Joshi v. B.S.Joshi v. B.S.Joshi v. State State State of Haryana of Haryana of Haryana reported in AIR 2003 SC 1386. AIR 2003 SC 1386. AIR 2003 SC 1386. In view of the observations made in the said judgment and in the interest of justice I quash and set aside the criminal proceedings in C.C. No.462/P/2004 on the file of Additional Chief Metropolitan Magistrate, 11th Court, Kurla, Mumbai. The petitioner/wife is permitted to withdraw the amount deposited by the respondent No.2/husband in the family court. This petition is disposed of accordingly. [A.P.DESHPANDE,J] [A.P.DESHPANDE,J] [A.P.DESHPANDE,J]