IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3999 OF 2007 Mr.Qayyum Khan ..... ...... ......Applicant. V/s State of Maharashtra & Anr. ..... ...... ...Respondents. Ms.Hemakshi B. Gandhi, Adv. For the applicant. Mr.Y.S.Shinde, APP for the State. Mr.Aslam Khan, Adv. For the respondent No.2. CORAM: A.P.DESHPANDE, J. 5/2/08 PC: Heard Rule. Rule made returnable forthwith. Taken up for final hearing by consent of both the parties. By the present application filed under section 482 of Criminal Procedure Code the applicant is seeking quashing of the proceedings in Criminal Case No.13/06 i.e. CC No.649/PW/06 pending on the file of 32nd Court, Metropolitan Magistrate, Bandra initiated upon police report filed by respondent No.2 herein. 2. The applicant and the respondent No.2 are husband and wife respectively. Their marriage was performed on 29.9.96 and out of the said wedlock a son by name Arfan is born who is now aged about 9 years. Difference between the applicant and respondent No.2 surfaced sometime in the year 2004 resulting in total marital distort. Respondent No.2 filed maintenance application so also a 1 petition seeking injunction against the present applicant from disposing of the matrimonial flat wherein both the parties were staying. On the basis of FIR filed by respondent No.2 the criminal case is registered under section 498A read with section 406 of Indian Penal Code. During the pendency of these proceedings parties have resolved their dispute out of Court by filing consent terms in the Family Court in Petition No.B-87/05. Under the said consent terms custody of the child is to be with the mother and the applicant has agreed to pay total sum of Rs.3 lacs towards permanent alimony out of which Rs.1 lac is only by way of permanent maintenance to the wife and Rs.2 lacs for the son. Sum of Rs.1 lac has already been paid to respondent No.2 by the applicant which fact is admitted. The balance payment of Rs. 2 lacs is secured by issuing post dated cheques referred to in the consent terms which are payable on dates mentioned therein. The applicant who is present in the Court has given undertaking to the Court that the said post dated cheques mentioned in the consent terms will be honoured. In addition the applicant has agreed to bear the educational expenses of the son. In view of the said settlement the present application is moved for quashing of the criminal proceedings. Learned counsel for respondent No.2 concedes to the prayer made in the application. Parties are present in the Court and they admit the consent terms filed in the Family Court to be true and correct. Respondent No.2 also admits of having received sum of Rs.1 lac and has no objection for quashing of criminal proceedings. Hence I am of the clear view that it would 2 be in the interest of justice to quash the proceedings pending against the present applicant under section 498 read with section 406 of IPC. In the result application is allowed. Rule made absolute in terms of prayer clause (a). 5.2.08 3