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 WRIT PETITION NO.2291 OF 2007. WRIT PETITION NO.2291 OF 2007. WRIT PETITION NO.2291 OF 2007. Reshma Tanaji Waghmare. ..Petitioner. versus Bhaskar Dnyanu Nanaware & Ors. ..Respondents. .... Mr. R.A. Yadav, for the Petitioner. Mr. Y.M. Nakhawa, APP, for the Respondent-State. Mr. Bhaskar D. Nanaware, Respondent No.1, present in person. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 29TH AUGUST,2008. : 29TH AUGUST,2008. : 29TH AUGUST,2008. P.C. 1. Heard the Advocate for the Petitioner. The first Respondent is personally present in the Court, who accepts the settlement arrived at between the parties by filing consent terms in the Family Court. 2. The Petitioner is the first informant who filed F.I.R alleging commission of an offence punishable under section 498A read with section 34 of the Indian Penal Code against the first Respondent husband and other members of the family of the first Respondent. My attention has been invited to consent - 2 - terms filed in the matrimonial petition filed by the first Respondent before the Family court at Bombay. Under the consent terms, the first Respondent was to deposit a sum of Rs.1 lac with the Family Court and after deposit of the said amount, the parties were to approach this Court for quashing the case initiated on the basis of F.I.R lodged by the Petitioner. The amount has been accordingly deposited. 3. On the basis of the consent terms filed before the Family Court, on 22nd August 2007, a decree of divorce by mutual consent has been passed and the consent terms have been acted upon. The Petitioner- first informant has himself filed the Petition for quashing the criminal proceedings. Considering the settlement between the parties, continuation of criminal prosecution will cause prejudice to both the parties. In fact, the continuation of the proceedings will be an abuse of process of law. Hence, a case is made out for exercising power under section 482 of the Code of Criminal Procedure, 1973. 4. Hence, I pass the following order :- - 3 - (1) The Writ Petition is allowed in terms of prayer clause (a). (2) On production of an authenticated copy of this order, the Family Court will permit the Petitioner to withdraw a sum of Rs.1 lac. (3) Parties and the concerned Court to act upon an authenticated copy of this order. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]