1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1031 OF 2009 Mrs. Vineeta Dipendra Prasad ..Petitioner -versus The State of Maharashtra .. Respondents Mr. Ashok M. Sarogi, advocate for the Petitioner. Ms. P.H. Kantharia, APP for the state. CORAM: Smt. RANJANA DESAI & R. G. KETKAR, JJ DATED: 11th June, 2009 P.C. 1. The petitioner has prayed that the M.E.C.R. NO. 07/08 registered under section 406 and 420 of Indian Penal Code, by Cuffe Parade Police Station, against the second respondent be quashed. 2. Admittedly the petitioner was married to the 2 second respondent on 22nd June, l996. It appears that the relations between the petitioners and the second respondent became strained. At the instance of the petitioner, a complaint came to be registered against second respondent by Cuffe Parade Police Station under section 406 and 420 of the Indian Penal Code. 3. Thereafter the petitioner and the second respondent amicably settled all their disputes. They have obtained a decree of divorce by mutual consent from the Family Court at Bandra on 9th February,2009. The terms of settlement are reflected in the consent terms filed in the Family Court at Bandra in M.J Petition No.l705 of 2008. A copy of the said consent terms is annexed to the petition as Exhibit B. Under the consent terms the second respondent has given an undertaking to pay to the petitioner an amount of Rs.l7,00,000/- in full and final settlement of all her dues. 4. The petitioner is present in the Court. She states that an amount of Rs.l0,00,000/- has been deposited in the Family Court at Bandra. In respect of remaining 3 amount, post dated cheques have been handed over to the petitioner by the second respondent as per consent terms. The petitioner and the second respondent, who are present in the Court confirmed that decree of divorce has been passed with their consent and they have settled all their disputes. 5. The second respondent has filed affidavit in this Court. It is taken on record and marked ‘X’. He has stated in the affidavit that he has settled all the disputes and differences with the petitioner and he has no grievance against her. He has further stated that as per the consent terms filed before the Family Court, he has deposited the amount with the Family Court. 6. It is against the backdrop of above facts that the petitioner is praying that the criminal Complaint pending at the Cuffe Parade Police Station be quashed. 7. Considering the fact that the petitioner and the second respondent have settled their disputes, in the light of the judgment of the Supreme Court, in B.S.Joshi -VS State of Haryana, 2003 (4) SCC 675 and also in 4 the light of judgment of Full Bench of this Court in Abasaheb Yadav Honmane -vs- State of Maharashtra and Ashiwini Abasaheb Honmane, 2008 (2), Mh. L.J. 856, we quash M.E.C.R. No.07/08 registered under sections 406, 420 of the Indian Penal Code. The petition is disposed of. (Smt. RANJANA DESAI, J) (R.G. KETKAR, J)