IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1902 OF 2008 APPLICATION NO.1902 OF 2008 APPLICATION NO.1902 OF 2008 Gaurav Naveen Jain & Ors. ..Applicants V/s. The State of Maharashtra & Anr. ..Respondents Mr. R.A. Shaikh for the Applicants Smt. Amba Salekar for Respondent No.2 Mr. Y.S. Shinde, A.P.P. for Respondent No.1-State CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 14th July 2008. : 14th July 2008. : 14th July 2008. P.C.: . Heard the learned counsel appearing for the parties. Taken up for final disposal at the stage of admission. 2. This is an application filed by the Applicants praying for quashing the Criminal Proceedings initiated on the basis of First Information Report lodged by the second Respondent alleging commission of offences punishable under Section 498-A, 406 read with Section 34 of the Indian Penal Code. 3. The first Applicant is the husband of the second Respondent. It appears that there was a matrimonial : 2 : dispute between the first Applicant and the second Respondent. In the matrimonial dispute which was pending before the Family Court, the first Applicant and the second Respondent filed consent terms. They agreed to dissolve their marriage by mutual consent. The consent terms recorded the complete settlement between the first Applicant and the second Respondent. 4. There is a reply filed by the second Respondent. In paragraph No.3 of the said reply, there is a reference to the pending criminal proceedings. Paragraph No.5 of the said reply reads thus :- "5. I submit that all the disputes and differences have now been settled and in the light of the fact that I have my entire life ahead of me and that I wish to relieve myself and my family of the anxiety of long drawn out legal proceedings, I do not desire to prosecute my complaint any further." 5. The learned counsel for the second Respondent states that the second Respondent is personally present in the Court and she confirms the correctness of the statement in the paragraph No.5 of the reply. Thus, there appears to be a complete settlement between the first Applicant and the second Respondent. The action of lodging F.I.R. was an outcome of the matrimonial : 3 : dispute between the first Applicant and the second Respondent. In view of the overall settlement between the parties, now the continuation of the Criminal Proceedings will cause harassment to both the parties. The continuation of Criminal Proceedings will be abuse of process of law. 6. In the circumstances, this is a fit case for exercising power under Section 482 of the Criminal Procedure Code, 1973 for quashing the proceedings. Accordingly, Rule is made absolute in terms of prayer clause (e). Parties and the concerned Court to act upon an authenticated copy of this order. (A.S.Oka,J) (A.S.Oka,J) (A.S.Oka,J)