B.R. GAVAI, J.

1. Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties by consent.

2. The applicants have approached this Court for quashing and setting aside the FIR registered vide Crime No. 216 of 2008 for the offences punishable under Sections 498A, 323, 504 and 506 of the Indian Penal Code and the judgment dated 29.9.2010 passed by the learned Chief Judicial Magistrate, Buldana in Regular Criminal Case No. 286 of 2008 convicting the applicants for the offence punishable under section 498A read with Section 34 of the Indian Penal Code.

3. During the pendency of the appeal preferred against the judgment passed by the learned Chief Judicial Magistrate, the matter has been amicably settled between the applicant no.1 and the respondent no.2 and in the interest of their children they have decided to reside together. An affidavit has also been filed by respondent no.2 wife with regard to the same.

4. The Apex Court in the case of B.S. Joshi & other vs. State of Haryana & another, 2003 ALL MR (Cri) 1162 (SC): (2003) 4 SCC 675 has held that if the matrimonial dispute has been settled between the parties, this Court should quash and give end to the crimin