-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 382 OF 2009 Depak U. Jaiswal : Petitioner v/s The State & 1 anr. : Respondents Milan A. Desai, Advocate for petitioner Abdullah Shaikh, Advocate for respondent no.2 Miss A.T. Javeri APP Coram : A.S. Oka,J. Date : 16.4.2009 P.C. 1. Rule. Learned APP waives service on behalf of first respondent. Learned advocate for 2nd respondent waives service. Taken up for hearing forthwith. 2. By this writ petition under article 227 of Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 the petitioners are seeking quashing of the FIR lodged at the instance of 2nd respondent. In the FIR, commission of offence under section 498A as well as section 506(II) read with section 34 of IPC has been alleged. The 2nd respondent is the wife of the first petitioner. The 2nd to 5th petitioners are close family members of -2- first petitioner. In the pending petition before Family Court, the parties have filed consent terms. The consent terms record complete settlement between the parties. On the basis of the said settlement, a prayer for quashing has been made. 3. Learned counsel appearing for the 2nd respondent has tendered affidavit of the 2nd respondent. He has stated that the articles referred to in clause 7 of the consent terms filed in the Family Court have been received by the 2nd respondent today in this court. The affidavit discloses that the 2nd respondent has no objection for quashing proceedings. 4. Perusal of the FIR shows that the matrimonial dispute between first petitioner and second respondent led to the filing of the same. Now there is a complete settlement between the parties. Continuation of criminal proceedings will cause undue harassment to both the parties. Hence the petition must succeed and I pass the following order. ORDER . Rules is made absolute in terms of prayer -3- clause (C). All concerned to act upon an authenticated copy of this order. (A.S. Oka,J.)