IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1611 OF 2008 Mr.Prashant Ramkrishna Bachchav & Ors. .. Applicants Vs. The State of Maharashtra & Anr. .. Respondents Ms.Malika Ingale for the Applicants. Mr.J.P.Yagnik, A.P.P for the State. Ms.Vaishali Tikle for the Respondent No.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 06th August 2008. P.C.: . Not on board. Taken on board. Rule. The learned A.P.P waives service for the 1st respondent. The learned advocate for the 2nd respondent waives service. Taken up for hearing forthwith. 2. The marriage between the 1st applicant and 2nd respondent was solemnised on 01st September 2001. The 2nd applicant is the mother of the 1st applicant. The 3rd and 4th applicants are the brothers of the 1st applicant. The 2nd respondent lodged F.I.R alleging commission of offences under section 498-A, 323, 506, 504 read with section 34 of the Indian Penal Code. The said F.I.R was lodged during the pendency of a petition filed by the 1st applicant for divorce. The said petition was pending in the Family Court. It appears that on 26th November 2007 consent terms were filed by : 2 : the 1st applicant and the 2nd respondent in the pending petition before the Family Court. It is stated in the petition that in the consent terms it is provided that the pending petition will be converted into a petition under section 13B of the Hindu Marriage Act, 1955. It is stated that in terms of the consent terms certain amounts have been deposited by the 1st applicant with the Family Court. It is stated that the 2nd respondent has agreed to co-operate with the applicants for getting the criminal proceedings quashed. The prayer in this application under section 482 of the Code of Criminal Procedure, 1973 is for quashing the criminal proceedings initiated on the basis of F.I.R lodged by the 2nd respondent. 3. The advocate for the 2nd respondent stated that the 2nd respondent is personally present in the Court. Affidavit of the 2nd respondent tendered by her advocate is taken on record and marked "X" for identification. In the said affidavit the 2nd respondent has confirmed the settlement arrived at between the 1st applicant and herself. She stated that she has no objection if the criminal proceedings are quashed. 4. I have considered the submissions. The F.I.R was an outcome of the matrimonial dispute between the : 3 : 1st applicant and the 2nd respondent. Now there is a settlement of the said dispute between the 1st applicant and 2nd respondent and consent terms have been admittedly filed before the Family Court. Exhibits D and E annexed to this application show that amounts of Rs.02,25,000/- and Rs.18,750/- respectively have been deposited by the 1st applicant in the Family Court. A true copy of the consent terms is also annexed to the application. The consent terms show that there is a complete settlement between the parties on all issues. 5. Hence, this is a fit case for exercising power under section 482 of the Code of Criminal Procedure, 1973. Accordingly, rule is made absolute in terms of prayer clause (ii) which reads thus: "ii. This Hon’ble Court be pleased to quash the proceedings of R.C.C.No.202 of 2006 pending before the learned Civil Judge Junior Division and J.M.F.C Court, Nashik arising out of F.I.R. No.I 140/2006 of Nashik Road Police Station." . Parties and concerned Court to act upon an authenticated copy of this order. (A.S.Oka,J)