1 3061.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3061 OF 2010 Mr.Pankaj Prakash Bivalkar & Ors. ...Petitioners Versus State of Maharashtra & Ors. ...Respondents ...... Mr.V.M.Bhate for Petitioners. Ms.S.V.Gajare, A.P.P. for Respondent No.1. Respondent No.2 present in Court. Mr.Nitin A.Ghaware for Respondent No.3. ...... CORAM:- A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED:- DECEMBER 15, 2010. P.C. 1. By this Petition, it is prayed that the F.I.R. No.11/2010 registered with Manikpur Police Station, Vasai, District Thane be quashed against the Petitioners and Respondent No.3. The said complaint was filed by Respondent No.2. Primarily, the dispute seems to be emanating from matrimonial discord between the husband and wife (Respondent No.2). The Respondent No.2 is present in Court and submits that in view of the settlement arrived at between the parties and as the parties have agreed to seek decree of divorce on the ground of nullity of marriage, she is not 2 3061.10.sxw interested in pursuing the criminal action. Learned A.P.P. submits that if there is settlement between the husband and wife which will bring quietus to the matrimonial dispute, she may not oppose the prayer for quashing. 2. Considering the above, in the interest of justice, we deem it appropriate to accede to the request of the Petitioners and Respondent No.3. Accordingly, the Petition is made absolute in terms of prayer clause (b). We place on record that the Petitioners and Respondent No.3 have agreed that they shall not take recourse to any proceedings against the Respondent No. 2 for having agreed for quashing of the F.I.R. That assurance is accepted. A.P.BHANGALE, J. A.M.KHANWILKAR, J.