- 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.1335 OF 2009 APPLICATION NO.1335 OF 2009 APPLICATION NO.1335 OF 2009 Abdul Rehman Lakdawalla ...Applicant vs. Mrs.Hamida Abdul Rehman Lakdawal & Anr. ...Respondents Mr.B.B.Tiwari for the applicant Ms A.T.Javeri A.P.P. for State Mr.Jaydeep Pawar for the respondent no.1 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 29,2009 : APRIL 29,2009 : APRIL 29,2009 P.C.: P.C.: P.C.: 1. Rule. Learned A.P.P. waives service for the second respondent. The learned Advocate for the first respondent waives service. Forthwith taken up for final disposal. 2. This is an application under section 482 of the Code of Criminal Procedure,1973 praying for quashing the criminal proceeding initiated on the basis of first information report lodged by the first respondent. The first respondent is wife of the applicant. According to the case of the applicant, on 4th February 2008, he divorced the first respondent. 3. The first respondent lodged F.I.R. on 28th June 2008 alleging commission of offence under section 420, 465, 468, 470, 471 and 120-B of the Indian Penal Code. The allegation in the F.I.R. relates to transaction of transfer of immoveable property made by the applicant. 4. The learned counsel for the applicant has placed reliance on the deed of settlement dated 6th March 2009 executed by the applicant and the first respondent as well as deed of - 2 - declaration cum affidavit of the same date executed by the first respondent. He pointed out that the dispute between the applicant and the first respondent is now settled and the first respondent has agreed in terms of the sub clause (m) of paragraph 6 of the Deed of settlement to withdraw the present proceeding. 5. The learned counsel for the first respondent has tendered affidavit of the first respondent. She has accepted that she has entered into settlement with the applicant. She has stated that in terms of the settlement, the applicant relinquished his right, title and interest in respect of a property at Kurla, Mumbai and has handed over possession thereof to her. She has stated that the applicant has relinquished his right, title and interests in respect of the residential flat which is occupied by her. Thus, the documents annexed to the application and the affidavit shows that there is a complete settlement of the disputes between the applicant and the first respondent. 5. In the circumstances, continuation of criminal proceedings will cause undue harassment to both the parties. Considering these peculiar facts, a case is made out for exercising power under section 482 of the Code of Criminal Procedure,1973. 6. Hence, I pass the following order : i) Rule is made absolute in terms of prayer clause (a). - 3 - JUDGE JUDGE JUDGE