1 789.11-apl IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL APPLICATION NO. 789 OF 2011 Mr.Nazish Akhtar Khan and others. ... Applicant. V/s. The State of Maharashtra and another. ... Respondents. Shaikh Shahid Irfan for the applicants. S.S.Pednekar, APP for the State. M.I.Y.Solkar for respondent No.2. CORAM: B.R.GAVAI, J. DATED : 9th August 2011. P.C. : Rule. Rule is made returnable forthwith. Heard finally by consent of parties. 2. By way of present application, the applicants are praying for quashing of F.I.R. No.263/2010 registered with the Vikhroli Police Station and the proceeding pending before Metropolitan Magistrate, 34th Court, Vikhroli, Mumbai. 3. The applicant No.1 and respondent No.2 were married to each other on 8th May 2009. After the marriage, there was a dispute between applicant No.1 and respondent No.3, as a result of which, the aforesaid F.I.R. came to be lodged against the applicants at the instance of respondent No.2 for the offence punishable under section 498A, 406, 34, 506, 504 and 323 of I.P.C. and sections 3 and 4 of the Prevention of Dowry Act. 2 789.11-apl 4. The matter has, now, been amicably settled between the parties. The respondent No.2 has filed an affidavit stating therein that she has settled the dispute with the applicants and that she has received an amount of Rs.1 lakh towards maintenance. She has further stated that she does not wish to proceed with the criminal proceedings pending in the Vikhroli Court. The respondent No.2 is also personally present in the Court and reiterates what is stated in the affidavit. 5. It can, therefore, be seen that the parties have settled their matrimonial dispute. It can further be seen that the parties have agreed to give an end to the criminal litigations pending between them. 6. The Apex Court in the case of B.S.Joshi v. State of Haryana, (2003) 4 SCC 675 has held that this Court should encourage settlement of matrimonial disputes by exercising extraordinary powers under Section 482 of the Criminal Procedure Code to quash the criminal proceedings under Section 498 A of the IPC. 7. In that view of the matter, rule is made absolute in terms of prayer clause (a). (B.R.GAVAI, J.)