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Judgment
Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
The petition challenges the First Information Report No. 199 of 2013 lodged at the instance of respondent No.2 - Sau. Pooja Devendra Lende in the Police Station at Hudkeshwar, Nagpur, against the petitioners for the offence under Sections 498-A, 313, 504 read with Section 34 of Indian Penal Code.
Notice was issued in this matter. The respondent No.2 - Sau. Pooja has appeared in person before this Court and she is identified by the learned counsel Shri S.P.Pawar.
The parties informed this Court that there is a mutual settlement, which has been entered into between the parties on 24.08.2017 and the consent terms are filed in the Hindu Marriage Petition No. A-104/2017, pending in the Family Court No.2 at Nagpur. According to the consent terms, the respondent No.2 has undertaken to withdraw the complaint made by her against the petitioner Nos.1 to 3.
We have verified the fact and ascertained about the correctness of the terms and conditions from the respondent No.2 as well as the petitioners. The parties have agreed to get the divorce by mutual consent. The respondent No.2 is not, therefore, interested to proceed further with the prosecution of the offences.
In view of above, no purpose will be served in keeping the matter pending and in view of the decision of the Hon'ble Apex Court in case of Gian Singh vrs. State of Punjab, reported in (2012) 10 SCC 303, the first information report and the further proceeding pending in the Court of Judicial Magistrate, First Class, Nagpur, will have to be quashed and set aside.
In the result, writ petition is allowed and the following order is passed.
First Information Report No. 199 of 2013, dated 30.06.2013 and the Regular Criminal Case No. 3891 of 2013 pending in the Court of 13th Judicial Magistrate, First Class at Nagpur, in respect of offence under Section 498-A, 313, 504
read with Section 34 of Indian Penal Code against the petitioners are hereby quashed and set aside by mutual consent. No order as to cost.