- 1 - 2987.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2987 OF 2011 1.Shri Rakeshkumar B.Maurya 2.Smt.Vidya Buddhiram Maurya 3.Shri BuddhiramJanraj Maurya 4.Shri Rajesh Buddhiram Maurya .. Petitioners vs 1.State of Maharashtra 2.Smt Suraksha R.Maurya .. Respondents Mr.Santosh Chari for Petitioners Ms.R.V.Neuton APP for State Mr.Amit Bharadwaj i.b Mr.S.C.Thatte for Respt no.2 CORAM: K.U.CHANDIWAL, J DATE: 18 th October,2011 P.C. 1. Heard. Notice. Learned APP waives service for State. Counsel for respondent no.2-Smt.Suraksha waives service. He has filed affidavit of Smt.Suraksha. Taken on record. 2. Respondent Smt.Suraksha has married to Rakesh Kumar. However, matter is settled as consent terms are filed in Petition No.ER-337/2007, ER-338/2007 and ER-162/2010 pending before the learned Judge, Family Court, Bandra. In view of the consent terms - 2 - 2987.11 filed by the parties, Respondent Smt. Suraksha does not desire to prosecute her case being No.R/12 of 2007 pending before J.M.F.C. Vasai for offence punishable under section 498(A), 406 read with section 34 of IPC on 29.10.2005. 3. A perusal of FIR also illustrate that no case prima facie for offence punishable under section 406 IPC could be made against Petitioners. However, ignoring that aspect since the couple has settled the controversy proceedings initiated by the respondent Smt Suraksha are quashed and set aside. Writ petition allowed to the extent as above. K.U.Chandiwal,J