1 W 2028.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2028 OF 2010 Mahavir Ranjit Jain & Ors. ..Petitioners. versus Poornima Jain & Anr. ..Respondents Mrs.M.S.Pandey for the Petitioners. Mrs.R.V.Newton APP for State. CORAM : V.M.KANADE, J. DATED : JULY 26, 2010. P.C. : Heard learned counsel appearing on behalf of the petitioners and respondent no.1, who is appearing in person. 2. This petition has been filed by the petitioner for quashing the criminal complaint filed by respondent no.1 for the offence punishable under section 498-A, 406 read with 34 of the Indian Penal Code which was registered with Borivali police station. Learned counsel for the petitioners submit that the parties have now settled the dispute and in fact now respondent no.1 and petitioner no.1 are residing in the same matrimonial house amicably after the dispute and differences between them were amicably resolved. The petition for divorce which was filed by the parties in the Family Court, Bandra also was withdrawn by consent of the parties and in the said petition the consent terms have been filed. In paragraph 1 of 2 W 2028.10 the consent terms it is stated that the parties are staying together from 11th June, 2006 and wish to continue to stay together. The said consent terms were filed on 2nd August, 2006. In view of the consent terms filed by the parties and the statement made by respondent no.1 in this court, she does not wish to pursue the criminal complaint. In my view there is no impediment for quashing the complaint filed by her with Borivali police station. 3. In view of the judgment in B.D.Joshi Vs. State of Haryana this court is empowered to quash the criminal complaint where the parties have resolved the dispute particularly in matrimonial cases while exercising inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure. With the result, the writ petition is allowed and criminal complaint filed by respondent no.1 for the offence punishable under section 498-A, 406 r/w 34 of the Indian Penal Code registered with Borival police station and the criminal case arising out of the said complaint vide C.C.No. 348/PW/2005 pending before the Metropolitan Magistrate, 26th Court at Borivali, Mumbai is quashed and set aside. The petition is allowed in the aforesaid terms. (V.M.KANADE, J.)