1 ndm wp.976.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 976 OF 2009 Dr. Santosh Bapusaheb Deshmukh and ors. ... PETITIONERS Vs. The State of Maharashtra and anr. ... RESPONDENTS -------- Mr. S.V. Pitre and Mr. Mahesh Subramaniam for Applicants. Mr. K.V. Saste, APP for State. -------- CORAM : B.R. GAVAI, J. DATE : 12 th April, 2010. P.C. 1 Not on board. The parties have mentioned the matter for production. Since Petitioner No.1 and Respondent No.2 are personally present in the Court and have amicably settled their dispute. 2 Rule made returnable forthwith. Heard by consent. 3 By way of present petition, the petitioners are praying for quashing and setting aside the Criminal Case No. 238 of 2008 arising out of the FIR registered at the instance of Respondent No.2 at Ambad Police Station. 2 4 Petitioner No.1 and Respondent No.2 are husband and wife. The rest of the Petitioners are the relatives of Petitioner No.1. 5 It appears that, there was matrimonial dispute between Petitioner No.1 and Respondent No.2. On account of the matrimonial dispute, the FIR came to be registered at the instance of Respondent No. 2 for the offences punishable under Section 498(A) and other offences punishable under the Indian Penal Code. 6 However, it appears that subsequent to the filing of the criminal proceedings, the parties have amicably settled their dispute. It has been agreed between the parties that the parties would mutually apply for decree of divorce by consent. The terms and conditions are set out in the consent terms, the same are taken on record and marked ‘X’ for identification. The consent terms are duly signed by the parties and their respective counsel. 7 Petitioner No.1 and Respondent No.2 are personally present in the Court and they reiterate the factor regarding amicable settlement between the parties. 8 The Apex Court in case of B.S. Joshi Vs. State of Haryana ( AIR 2003 SC 1386 ) has held that this Court should encourage genuine 3 settlement of family disputes and in the event the family disputes are settled between the parties, this Court by exercising the powers under Section 482 of the Criminal Procedure Code should quash the criminal proceedings. 9 In that view of the matter, rule is made absolute in terms of prayer clause ( b ). [ B.R. GAVAI, J ]