ASHUTOSH ARVIND RUIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned A.P.P. waives service for first respondent and advocate appearing for second respondent also waives service. The matter is taken up forthwith for final hearing.

(2.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the prayer is for quashing proceedings initiated on the basis of offence registered under Section 498A r/w. section 34 of the Indian Penal Code. The second respondent is the complainant.

(3.) The first applicant and the second respondent are husband and wife. Second applicant and third applicant are the members of the family of the first applicant. There is an affidavit in reply filed by the second respondent in which it is stated that she alongwith first applicant have moved a joint petition for divorce by mutual consent under Section 13 (B) of the Hindu Marriage Act, 1955 in Family Court at Bandra. Second respondent has relied upon the consent terms filed in the Family Court, a copy of which has been annexed to the application. Second respondent has stated that in view of the settlement reflected from the consent terms, she has no objection for quashing of proceedings.