1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2914 OF 2009 Mr. Vijay Gopal Bhatia. ... Petitioner. V/s. Mrs. Rashmi Vijay Bhatia & Anr. ... Respondents. Mr. A.M. Vernekar for the Petitioner. Ms. S.V. Gajare, APP for the State. CORAM : S.C. DHARMADHIKARI,J. DATED : 12th JANUARY 2010. P.C. :- This is an application under Section 482 of the Code of Criminal Procedure praying for quashing a Criminal Case No. 760/PW/2006 on the file of the learned Metropolitan Magistrate’s 29th Court, Bhoiwada, Dadar, Mumbai. 2. The parties are husband and wife. There was a on going dispute in the Family Court at Bandra in M.J. Petition A-672 of 2003. There were consent terms tendered during the course of the proceeding before the Family Court by parties. In compliance of the same, the Petitioner has paid Rs. 1,50,00,000/- and it was agreed that the criminal case would be withdrawn. 3. It is stated that both sides are agreeable to the proceedings being quashed in the light of the settlement and 2 the amount being received in full. There are no claims pending by parties against each other. 4. In the facts peculiar to this case and finding that all criminal proceedings and more particularly, the one pending would result in miscarriage of justice if allowed to continue that, I am satisfied that complaint of Respondent No.1 against the Petitioner and his parents alleging offences punishable under Section 498-A, 406 and 34 of I.P.C. deserves to be quashed and set aside. 5. This matter was mentioned in the morning session and it was kept back at the request of parties so as to enable the First Respondent – wife to appear personally in Court. Both Petitioner and the First Respondent are personally present in Court. In their presence, this order is passed and after confirming that the amounts have been duly deposited. Accordingly, the application is made absolute in terms of prayer clause (a). (S.C. DHARMADHIKARI,J.)