1 wp44811 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 448 OF 2011 Shaikh Afsar Ali ...Petitioner V/s. The State of Maharashtra & Ors. ...Respondents Mr. D.V. Saroj for the Petitioner Mr. D.P. Adsule, A.P.P., for the State Mr. Sayed Ejas Abbas Naqvi for Respondents No. 2 and 3. CORAM: A.M. KHANWILKAR AND S.J. KATHAWALLA, JJ. DATE: 14TH FEBRUARY, 2011 P.C.:- Not on Board. Upon mentioning, taken on Board. 2. The petition, in substance, is joint petition filed by the husband and wife, petitioner and respondent No.3, respectively, praying for quashing of M.E.C.R. No. 4 of 2010, as a whole, which is pending before the Additional Metropolitan Magistrate, 24th Court, Borivali, Mumbai. The settlement has been arrived at between the 2 wp44811 parties concerning the matrimonial dispute between the petitioner and respondent No.3. Respondent No.3 is personally present in the Court, and states that she herself has taken initiative in arriving at amicable settlement with her husband, the petitioner herein, so as to bring quietus to all the contentious issued between them. The parties have deduced the understanding arrived at between them by way of Settlement Terms, Exhibit ‘A’. 3. Accordingly, for the reasons already recorded in order dated 3rd February, 2011 in Criminal Writ Petition No. 995 of 2010 in the case of Nari Motiram Hira v. Avinash Balkrishna & Anr., even this petition deserves to be, and is, allowed in terms of prayer clauses (ii) and (iii), to subserve the ends of justice. The said prayer clauses read thus:- “(ii) This Hon’ble Court may be pleased to quash the Criminal Proceeding under M.E.C.R. No. 4/10 pending before Additional M.M. 24th Court, Borivali, Mumbai against Petitioner and his six family members. 3 wp44811 (iii) The Hon’ble Court may direct the Respondent No. 2 to peacefully hand over and transfer the custody of the articles seized under Recovery Panchnama dated 19/08/10 to the Respondent No.3 or her parents.” S.J. KATHAWALLA, J. A.M. KHANWILKAR, J.