1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4979 OF 2009 Mr. Zainuddin Gulam Dabir & Ors. ... Applicants. V/s. Mrs. Uneza @ Reshma w/o. Mazer Dabir and Ors. ... Respondents. Mr. Amin Solkar i/b. Farooque Solkar for the Applicants. Ms. Tahira Qureshi for Respondent 1. Mr. A.S. Shitole, APP for the State. Mr. Yakub Shaikh for Respondent 3. CORAM : S.C. DHARMADHIKARI,J. DATED : 18th JANUARY 2010. P.C. :- This is an Application to quash C.R.No.264 of 2006 resulting in Criminal Case No.96/PW/07 pending on the file of the Metropolitan Magistrate, 25th Court, Mazgaon, Mumbai. The Offences alleged are punishable under Section 498A and 34 of I.P.C. 2. The Applicants are Original Accused Nos.1 to 4 whereas the First Respondent is the Original Complainant. 3. On account of the marriage between the First and the Third Respondents, there were certain proceedings alleging the aforementioned offences. 4. During the pendency of the said proceedings, parties have met and decided to amicably settle the entire matter. There is an agreement executed by parties on 27th November 2 2009 and it is stated to be a Deed of Divorce by Mubarrat. It was agreed that the parties would separate on the Third Respondent paying to the First Respondent a sum of Rs. 2,70,000/- in full and final settlement. 5. On the last occasion, the matter was adjourned so as to enable the parties to place on record the compliances with the settlement proposals. The First Respondent – Wife has filed an affidavit and while confirming the Deed of Divorce has recorded that she has received all Dahej Articles and a sum of Rs.1,35,000/- already paid. Mr. Solkar, after seeking instructions from the Applicants states that the Applicants have forwarded the further/balance sum of Rs.1,35,000/- by cash. That amount is also received. The First Respondent is present through her Advocate, who while confirming all statements on affidavit states that she has received the entire sum. There are no outstanding and pending claims. 6. In the peculiar facts of this case, there is no impediment in exercising this Court’s power under Section 482 of Cr.P.C. and quashing the subject Criminal proceedings. 7. In these circumstances, the Application is allowed. The Criminal proceedings on the file of the Magistrate concerned as described hereinabove, are quashed and set aside. (S.C. DHARMADHIKARI,J.)