1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO. 527 OF 2010 Dr. Padmanabh Merchant and Ors. ... Petitioners. V/s. Dr. Vasudha K. Merchant & Anr. ... Respondents. Mrs. Manjula Rao for the Petitioners. Mr. Hitesh Vyas for the Respondents. Mr. A.S. Shitole, APP for the State. CORAM : S.C. DHARMADHIKARI,J. DATED : 10th FEBRUARY 2010. P.C. :- Mentioned. Not on Board. 2. The prayer is to quash a case pending before the Metropolitan Magistrate, 32nd Court, Bandra being Case No. 1033/PW/2008. The offences alleged are punishable under Sections 494, 495, 498A, 406, 341, 323, 504, 506 and 34 of I.P.C. 3. Essentially, the dispute is between husband and wife. Petitioner No.3 had married the First Respondent. Petitioner Nos.1 and 2 are the father and mother of Petitioner No.3 and in-laws of the First Respondent. 4. The dispute and differences led to proceedings being instituted in the Family Court at Bombay. The Petition No.A-2645 of 2008 ended in consent terms being filed by 2 Petitioner No.3 and the First Respondent. The consent terms recorded dissolution of their marriage by a decree for divorce by mutual consent. The terms are recorded and it is stated that they have been fully complied with. As a part of the agreement to withdraw and/or co-operate in disposal of the Criminal proceedings that this Writ Petition is filed. 5. The Petitioners and the First Respondent are present in Court. Each of them confirm the statements in the Petition. The amount is deposited in the Family Court as is evident by a receipt. Copy of which is annexed at page 29 of the paper- book. 6. In these peculiar circumstances and when Petitioner Nos. 1 and 2 are senior citizens and were arrayed as Accused on account of the matrimonial relationship which has now been terminated by a decree of divorce by mutual consent, continuation of the Criminal case would be an abuse of the process of Court. Accordingly, in the facts peculiar to this case, the Writ Petition is allowed. The Criminal Case bearing No.1033/PW/2008 is quashed by consent of parties. (S.C. DHARMADHIKARI,J.)