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. Brief facts are as under:

That the parties were married in accordance with the Buddha religion on 9.6.2009 at Gadchiroli. They resided at Brahmapuri where the parents of petitioner no.1 were residing. On 21.6.2009, petitioner no.2 was taken to Saoner where petitioner no. 1 was serving as a Lecturer and they resided together till December, 2009. But, due to marital differences between them, which unfortunately could not be sorted out, there were some criminal proceedings arising out of the accusation made against each other. Petitioner no.2 lodged F.I.R. against her husband and in-laws at Police Station, Gadchiroli, u/s.498-A of the Indian Penal Code. A criminal case is pending before the Judicial Magistrate, First Class, Saoner. On 14.7.2011, petitioner no.1 chose to institute H.M.P. No.116 of 2011 in the Court of 4th Joint Civil Judge (Sr.Dn.), Nagpuru/s.9 of the Hindu Marriage Act with a prayer for restitution of conjugal rights.

4. 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/- 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.

5. The learned Advocates for petitioner nos. 1 and 2 submitted that since the parties have decided to end their matrimonial dispute by filing petition for divorce by mutual consent, it would be in the interest of justice if extra-ordinary powers available as inherent powers u/s.482 of the Code of Criminal Procedure are used to allow the parties to compound the alleged offence punishable under Section 498-A of the Indian Penal Code arising because of allegations and counter allegations, and prayer in the petition may be allowed accordingly so that the parties herein would be in a position to proceed further with Criminal Case No.35 of 2010 in the Court of J.M.F.C., Saoner.

6. The learned Advocates for the respective petitioners made a reference to the unreported ruling of this Court dt.20.6.2011 in Ramesh Damodhar Pandey .vs. The State of Maharashtra and anr. (Criminal Application No.71 of 2011), wherein, in an identical situation, where the husband and the wife had decided to end their dispute pursuant to Compromise deed between the parties. This Court had consi