1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 429/2010 Machhindra S.Bangar Petitioner Vs. State of Maharashtra & Anr. Respondent Mr.Chetan Akerkar for petitioner Ms.S.D.Shinde,APP Mr.G.D.Jadhav for Res.2 CORAM : SMT.RANJANA DESAI, & SMT.MRIDULA BHATKAR,JJ. DATE : 15th FEBRUARY, 2010. P.C. This is a petition filed under section 482 of the Code of Criminal Procedure ,1973 (the Code) and under Articles 226 and 227 of the Constitution of India. 2] Today by a reasoned order we have disposed of Criminal Writ Petition No. 428/2010 . By the said order we have quashed F.I.R.no. 156/2009 filed by the second respondent therein i.e. Mrs.Seema Deepak Bade against the petitioners therein in view of settlement arrived at between her and the first petitioner therein who is her 2 husband. We must note that the 5th petitioner in the said petition is the petitioner in this petition. The matrimonial discord between Mrs.Seems Bade resulted in a proceeding being filed by the petitioner against the second respondent bearing FIR no.80/2009 under section 324,506(ii) of the Indian Penal Code with Powai police station and in respect thereof chargesheet has been submitted to Railway Mobile Metropolitan Magistrate Court, Andheri ,Mumbai bearing C.C.No.1845/PW/2009. The said case is pending. In this petition it is prayed that in view of the settlement between Deepak Bade and Seema Bade Criminal Case No.1845/PW/2009 which is pending in Railway Mobile Metropolitan Magistrate Court, Andheri,Mumbai be quashed. 3] The petitioner is present in the Court. The second respondent is also present in the Court. We have already noted that the FIR filed by Seema Bade against Deepak Bade bearing no.156/2009 has been quashed in view of the settlement. Criminal Case No.1845/PW/2009 has undoubtedly arisen because of the said matrimonial 3 dispute between Seema Bade and Deepak Bade. We are of the considered opinion that since FIR no.156/2009 has been quashed by us today it would be in the interest of justice to quash C.R.No. 80/2009 . We must note that in the consent terms which have been filed in the Family Court,Bandra, Mumbai by Deepak Bade and Seema Bade in clause 10 there is reference to C.R.No.80/2009 and it is stated that in view of the settlement the said C.R. shall not be proceeded with. We must note that the petitioner and the second respondent have confirmed in this Court that all the disputes have been settled and they are not desirous of proceeding with C.R.no.80/2009. 4] In view of the statement made before us and in the light of the judgment of the Supreme Court in B.S.Joshi and Others Vs.State of Haryana and Another , (2003) 4 Supreme Court Cases ,675 and for the reasons stated in our order dated 15/2/2010 in companion Writ Petition No.428/2010 it is appropriate to quash the Criminal Case no. 1845/PW/2009 pending in the Railway Mobile Metropolitan Magistrate Court, Andheri, 4 Mumbai . Order accordingly. Petition is disposed of. (Smt.Ranjana Desai,J.) (Smt.Mridula Bhatkar,J.)