RAJESH MAROTRAO KOSE Vs. STATE

JUDGEMENT

(1.) HEARD the learned Advocates for the respective parties.

(2.) THE applicants have prayed for to quash the criminal proceedings in Criminal Case No.35 of 2010 pending before the Judicial Magistrate, First Class, Saoner arising out of F.I.R. bearing Crime No.274 of 2009 reported at Police Station, Saoner, District Nagpur. This joint petition is filed by both the husband and wife who have opted for to end their matrimonial dispute by resorting to the Hindu Marriage Petition with a prayer for divorce by mutual consent.

(3.) PETITIONER no.1 is about 35 years of age while petitioner no.2 is 28 years of age and due to their matrimonial discord, it is not possible for them to reside together as husband and wife. Therefore, they have decided to file petition for divorce by mutual consent. According to the petitioner nos. 1 and 2, they have agreed to withdraw all the allegations made against each other which gave rise to Criminal Case No.35 of 2010 pending before the J.M.F.C., Saoner u/s.498-A r/w. 34 of the Indian Penal Code. Petitioner no.1 has decided to withdraw Criminal Appeal No.19 of 2010 pending before the Sessions Court, Gadchiroli arising out of order dt.10.2.2012 passed by the learned Judicial Magistrate, First Class, Gadchiroli bearing Misc. Criminal Case No.151 of 2009. Petitioner no.1 also decided to return all Streedhan articles belonging to petitioner no.2 and he has also agreed to pay full and final maintenance by demand draft of Rs.2,50,000.00 to petitioner no.2. Thus, both the petitioners, in the interest of their future and happiness, have decided to end their matrimonial relation by filing petition in the Court of Civil Judge (Sr.Dn.), Nagpur. Under these circumstances, both of them, including the State, in this application have prayed for quashing the criminal proceedings in Criminal Case No.35 of 2010 pending in the Court of J.M.F.C., Saoner arising from F.I.R.No.274 of 2009 reported at Police Station, Saoner, District Nagpur.