FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5236 OF 2009 [1. MR. ARIF ASHRAF KHAN PATHAN, (2) MR. ASHRAF KHAN PATHAN (3) MRS. RASHIDA ASHRAF KHAN PATHAN (4) MRS. ANJUM RAESS MULLA V/S. 1. STATE OF MAHARASHTRA (2). SMT. SEEMA ARIF KHAN PATHAN] _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : Mr. A.S. Khandeparkar i/by. Mrs. Shilpa Joshi, adv. For applicants. Ms. S.V. Gajare, APP for State-respondents. CORAM : S.C. DHARMADHIKHARI, J. DATED : 8th FEBRUARY, 2010. PC :- 1. Mentioned. Not on Board. 2. By consent taken on board and called out. 3. It is stated that in substantive proceedings before the Family Court at Bombay, the parties have tendered consent terms in Suit No. 3305 of 2008. Applicant no.1 and respondent no.2 have agreed for a decree of divorce being passed and all claims being settled. Accordingly, the terms were drawn and filed before the Family Court at Bandra, Mumbai being M.J. Petition No. A-2089 of 2007 on 16/09/2009. The Family Court has taken them on record and passed an order in furtherance thereof. Now both sides report that complete compliance is made with the terms. A cheque has been tendered to respondent no.2 by applicant no.1 towards full and final settlement and state that they have no claims pending against each other. Affidavit filed by respondent no.2 is taken on record. 4. It is in these circumstances that a joint request is made to quash FIR No. 464 of 2007 registered with Sakinaka Police Station which alleges commission of offences punishable under Section 498A, 406, 506, 34 of IPC. 5. In these circumstances, criminal proceedings pending before the court of Metropolitan Magistrate, 22nd Court, Andheri, Mumbai being C.C. No.2023/PW/2008 and F.I.R. No. 464 of 2007 are quashed and set aside, as continuation thereof would be an abuse of the process of the court. Application allowed accordingly. (JUDGE)