1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3194 OF 2009 Mr. Mushtaq Saifuddin Kathawalla. ... Petitioner. V/s. Mrs. Shaheeda Upletawalla & Anr, ... Respondents. Mr. Jayakar i/b. M/s. Khaitan & Jayakar for the Petitioner. Mr. K. Merchant with M. Shukla for the Respondent. Ms. A.T. Jhaveri, APP for the State. CORAM : S.C. DHARMADHIKARI,J. DATED : 12th JANUARY 2010. P.C. :- Heard Mr. Jayakar, learned Advocate appearing on behalf of the Petitioner and the learned Advocate appearing on behalf of Respondent No.1. Both Petitioner and the First Respondent are husband and wife. There are pending criminal proceedings and more particularly alleging offences punishable under Section 494, 495 r/w. 498A of I.P.C. 2. It is stated that there is a Criminal case filed between parties. Consent terms have been filed therein. The consent terms record their agreement. The parties have abided by the consent terms. This petition was admitted by the Court on the question as to whether the second petition is maintainable for the same relief after the first is dismissed. However, both sides request that the Petition be taken up for hearing and disposed off by consent. The First Respondent has filed an 2 affidavit in this Court stating that the facts set out by the husband in this Petition are true and correct. There is a settlement which has been arrived at between parties. All differences and disputes have been resolved mutually and amicably. She has no objection if the criminal complaint is quashed. 3. In these circumstances, and in facts peculiar to this case so also in the light of the affidavit of Respondent No.1, the Criminal Application is made absolute in terms of prayer clause (a). Rule is made absolute accordingly. (S.C. DHARMADHIKARI,J.)