1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 556 OF 2010 Mrs. Varsha @ Manveeta Amol Shirole ... Petitioner versus Amol Shirish Shirole & ors........Respondent. Mr. Madhusudan Pareek adv. for the Petitioner. Mr. D.R. Kapil adv. for the Respondent. Mr. P.A. Pol APP for State CORAM: B. R. GAVAI, J. DATED : 24th February, 2010. P.C.: 1. Rule. Rule made returnable forthwith. By consent of parties taken up for final hearing. 2. This petition is filed by the petitioner wife praying for quashing and setting aside the complaint bearing C.C. No. 1571/PW/2008 vide C.R. No. 247/08 peding before the Additional Chief Metropolitan Magistrate 9th Court at Bandra . 3. It appears that there was a dispute between the petitioner and her husband respondent no.1. A criminal proceeding came to be initiated at the instance of the petitioner against the respondent-husband and members of his family out of the same matrimonial dispute. However it appears that subsequently the parties have settled the matter between themselves. The parties have filed consent terms in the 2 proceedings initiated by the petitioner before the Family court at Pune. The consent terms are annexed as Annexure B to the petition. 4. It therefore appears that the criminal proceeding which was initiated on account of matrimonial dispute between the parties. Now the dispute has been amicably resolved. The petitioner herself does not wish to prosecute the criminal proceeding against the accused. The Apex court in case of B.S. Joshi & ors Vs. State of Haryana & anr. Reported in AIR 2003 S.C. 1386 has held that when the parties resolve their matrimonial dispute, the court in exercise of its powers under section 482 should give an end to the criminal proceeding, The petitioner and the respondent no.1 are personally present in the court and they re-iterate regarding the amicable settlement between them. 5. I find that in the present case no purpose would be served by keeping the criminal case pending in as much as the petitioner herself does not wish to proceed with the complaint. I therefore find that this is a fit case to exercise extra ordinary jurisdiction under section 482 to quash and set aside the proceeding. 6. Rule is therefore made absolute in terms of prayer clause (b). (B.R. Gavai, J.)