- 1 - 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 CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.307 OF 2009 APPLICATION NO.307 OF 2009 APPLICATION NO.307 OF 2009 Mrs.Farah Mohammed Sharique ...Applicant vs. Mohammed Sharique Mohd.Yakub & Ors. ...Respondents Ms Jamila Khan i/b Mr.Sunil More for the applicant Ms A.T.Javeri A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 8,2009 : APRIL 8,2009 : APRIL 8,2009 P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and the learned A.P.P. for State. Rule. Learned A.P.P. waives service for the 6th respondent. Considering the nature of the prayer in the application, service of notice to other respondents is not necessary. The applicant is the first informant. The applicant lodged F.I.R. alleging commission of offences under section 498-A and 406 r/w 34 of the Indian Penal Code against 1st to 5th respondent. The applicant married to the 1st respondent on 3rd March 2002. The 2nd to 5th Respondents are father-in-law, mother-in-law, brother-in-law and sister-in-law of the applicant. 2. In the application it is stated that in the pending proceedings in the Family Court between the applicant and the first respondent, the applicant and the first respondent had arrived at an amicable settlement and consent terms have been filed. It is stated that in view of the settlement recorded - 2 - in the consent terms, the applicant does not desire to prosecute the 1st to 5th respondents. 3. Perusal of the F.I.R. shows that the matrimonial dispute between the applicant and the first respondent, led to filing of the F.I.R. The consent terms filed on the record of the Family Court show that there appears to be a complete settlement between the applicant and the first respondent. The consent terms on record record an agreement that the parties will withdraw the cases filed against each other. 4. In view of the settlement, the applicant who is the first informant is seeking quashing of the case filed at her instance. 5. In view of the settlement between the parties, continuation of criminal proceedings will cause undue harassment to both the parties. In the circumstances, a case is made out for exercising jurisdiction under section 482 of the Code of Criminal Procedure,1973. Hence, I pass the following order : 6. Rule is made absolute in terms of prayer clause (A). JUDGE JUDGE JUDGE