Ladda 1 wp-273-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 273 OF 2011 Ashish Seth and others .. Petitioners. versus Dr Sonika Seth .. Respondent. Ms Manju Sharma i/by Amol Doijode, Advocate for the Petitioners. Mr. Y. M. Nakhwa, A.P.P. for the State. Mr S.A. Velkar, Advocate for Respondent No.2. CORAM : A.R.JOSHI, J. DATED : 17th March, 2011 P.C. :- 1. In the present writ petition, for quashing the criminal complaint lodged against the petitioners for the offence punishable under section 498-A read with Section 34 of the Indian Penal Code, all the petitioners and respondent No.2-wife are present in the Court. Respondent No.2- wife had earlier lodged F.I.R.bearing No.94 of 2010 on 29th May, 2010 for the offence punishable under Section 498-A read with section 34 of the I.P.C. against her husband and his other relatives. Ladda 2 wp-273-11.doc 2. Today, affidavit is filed by Respondent No.2 – original complainant wife mentioning that the dispute between the husband and wife is amicably settled and it is decided between them that allegations made against each other are to be withdrawn. As such, in the divorce petition filed by present petitioner No.1- husband, before the Family Court, consent terms are already filed for granting divorce by mutual consent and said matter is now fixed on 6th May, 2011. In the affidavit filed by Respondent No.2- wife, it is specifically mentioned in paragraph No.6 that she has no objection if the complaint being Case No. 1000/93/PW/2011 is quashed. Said affidavit is taken on record. 3. Asking by the Court, rival parties agreed to have amicably settled the dispute which is mentioned in the F.I.R. In that view of the matter, it is not worthwhile to continue the said criminal litigation pending before the learned Metropolitan Magistrate’s Court No.10, Andheri, Mumbai; and hence, the present writ petition is allowed in terms of prayer clauses (a) and (b) and said pending case No. 1000/93/PW/2011 is quashed. Writ petition is disposed of accordingly. (A.R. JOSHI, J.) Ladda 3 wp-273-11.doc