1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1058 OF 2010 Hussain Ali Fakir & Ors. ...Petitioners vs. The State of Maharashtra & Anr. ...Respondents Mr.Hakim Salim AK i/b. Hakim Sana for the Petitioners. Mr.S.R. Shinde, APP for the State. Mr.Hirandani for Respondent No.2 CORAM : V.M. KANADE, J. DATED : APRIL 15, 2010 P.C. :- 1 Heard Counsel for the petitioner and Counsel for respondent no.2. 2 The petitioner has filed this petition for quashing the criminal complaint filed by respondent no.2  wife under Section 498A of the IPC. 2 3 Counsel for respondent no.2 has filed an affidavit in reply and has stated that the parties would like to compound the complaint since there is settlement between the husband and wife. Counsel for respondent no.2 has further stated that they have executed a Memorandum of Understanding and it is signed by the husband and wife in the presence of two witnesses dated 25th March, 2010. The said Memorandum of Understanding is annexed to the affidavit in reply. 4 Respondent no.2 is also present in the court and she has also reiterated that she would like to stay with the husband and that she has no objection if the said complaint is quashed. 5 The petition is filed under Article 227 of the Constitution of India read with Section 482 of the Cr.P.C. The offence under Section 498A is non- compoundable. This court while exercising its 3 jurisdiction under Article 227 of the Constitution of India read with Section 482 of the Cr.P.C. Can, if satisfied that the dispute between the parties is settled, quash the said complaint since the power exercised by this Court under Article 227 and under Section 482 of the Code of Criminal Procedure is not curtailed or reduced by the limitation imposed upon the trial court under Section 320 of the Cr.P.C. 6 After having asked the respondent no.2 and the petitioner herein as to whether they are willing to start their life afresh on a clean slate and since both of them answered in the affirmative, I am satisfied that the quashing of the complaint is in the best interest of the husband and wife. 7 Petition, accordingly, is allowed. Consequently, the criminal complaint which is filed under Sections 489, 498A of the IPC pending in the court of 29th Metropolitan Magistrate, Dadar, Mumbai, in Criminal Case No.235/PW/2009 which was initiated 4 by C.R.No.23/2009 registered at the Wadala police station is quashed and set aside. 8 Petition is disposed of. (V.M. KANADE, J.)