P. D. Kode, J. - (1.)Heard. Rule. Returnable forthwith. Heard finally by consent of parties.
(2.)By the present joint application, applicant Nos. 1 and 7, who are respectively husband and wife, have prayed for quashing the prosecution against applicant Nos. 1 to 6 i.e. applicant No. 1 and his family members for commission of offence punishable under Section 498A read with Section 34 of the Indian Penal Code i.e. the prosecution initiated upon First Information Report No. 72 of 2009 lodged by applicant No. 7 with Wadi Police Station, Nagpur, i.e. which after investigation by the police, has culminated in Regular Criminal Case No. 2368/2009.
(3.)The application is founded on the contention that the dispute has been amicably settled in between the parties. The consent-terms have been drawn and filed in the Court of Civil Judge, Senior Division, Nagpur, in which the marriage petition is preferred. It is stated that the said marriage petition is disposed of as withdrawn in terms of the consent-terms and in terms of the said consent-terms, the petition for divorce by mutual consent is filed in the said Court. The application further discloses that all other terms and conditions arrived at in between the parties has been substantially complied except getting quashed the present prosecution for commission of offence punishable under Section 498A r/w 34 of the Indian Penal Code against applicant Nos. 1 to 6.