SM 1 4.wp.1820.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1820 OF 2011 Mr. Abhishek Sanjeev Sinha and others ....Petitioners Versus The State of Maharashtra and another ....Respondents ____________ Mr. Vinay S. Bharge for the Petitioners. Mr. H. J. Dhedia, APP for the Respondent-State. CORAM: B. R. GAVAI, J. DATED : 22ND JULY, 2011. P.C.: Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present Petition, the Petitioners are praying for quashing and setting aside C. R. No. 288 of 2011 for the offence punishable under Section 498A r/w Section 34 of the IPC and the proceedings pending before the learned Metropolitan Magistrate, 24th Court, Borivali. Mumbai. 3. The Petitioner No. 1 and the Respondent No. 2 are husband and wife. They were married with each other 19th February, 2009. 4. It appears that there was a matrimonial discord between the parties. As such the aforesaid F.I.R. came to be registered at the instance of Respondent No. 2 against the Petitioner No. 1, and rest of the Applicants are his relatives. SM 2 4.wp.1820.11 5. The matter has been now settled between parties. The Respondent No. 2 and the Petitioner No. 1 are cohabiting and living together and an affidavit to that effect has been filed on behalf of Respondent No. 2. Affidavit on behalf of the Petitioner Nos. 1 to 3 has also been filed and undertake that they would not cause physical injury whether simple or grievous or mental or financial harassment to the Respondent No. 2. The Petitioner No. 1 and the Respondent No. 2 both are present in the Court and they reiterate the same. 6. The Apex Court in case of B. S. Joshi Vs. State of Haryana reported in AIR 2003 SC 1386 has held that this Court should encourage matrimonial settlements by quashing criminal proceedings. IN that view of the matter, this is a fit case for exercising inherent powers under Section 482 of the Code of Criminal Procedure. 7. Rule made absolute in terms of prayer clauses (c) and (d). (B. R. GAVAI, J.)