ANUSUYA SHARMA Vs. STATE

JUDGEMENT

(1.) Rule. By consent, rule is made returnable forthwith. Mr. Kharge, learned APP waives service of notice on respondent no.1-State. Mr. Gyanesh Prasad Sharma-respondent no.3, who is present in person, waives service for himself and also for and on behalf of respondent nos.2 and 4. He states that he has been authorized by respondent nos.2 and 4 to represent them in the present proceedings.

(2.) By this petition under Article 227 of Constitution of India and under Section 482 of the Code of Criminal Procedure Code, the petitioner seeks that the proceedings vide C.C.No.879/PW/2010, pending before Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai, be quashed.

(3.) The petitioner is the original first informant. On her report lodged with the police, a case in respect of offences punishable under sections 406 and 498A of the Indian Penal Code read with Section 34 of the IPC, came to be registered against respondent nos.2, 3 and Respondent no.2 is the husband of the petitioner, while respondent nos.3 and 4 are the father and mother, respectively, of the petitioner's husband. During the pendency of the said criminal case in the Court of Metropolitan Magistrate, the marriage between the petitioner and respondent no.2 was dissolved by a consent decree passed by the Family Court, in the petition for divorce filed by the petitioner's husband. This took place on 15.12.2010.