1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2507 OF 2009 Girish Krishnan and others Applicants versus State of Maharashtra & another Respondents Mallika A. Ingale for applicants. Respondent no.2 present in person. CORAM : A.S.OKA, J. DATE : 09th June 2009 PC : 1. Not on board. Taken on board. 2. Heard learned advocate for the applicants and the second respondent appearing in person. The second respondent has tendered an affidavit which is taken on board and marked “X” for identification. I have also heard learned A.P.P. 3. The prayer in this criminal application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to 2 as “the said Code”) is for quashing the proceedings of criminal case initiated on the basis of FIR lodged by the second respondent alleging commission of offences under sections 498A and 406 read with section 34 of the Indian Penal Code. 4. The prayer for quashing is made on the basis of settlement arrived at between the first applicant and the second respondent. The first applicant and second respondent are husband and wife. The second to fifth applicants are the other family members of the first applicant. The first applicant and the second respondent have filed a petition under section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent. 5. In the affidavit filed by the second respondent she has accepted that the dispute has been settled amicably and she has received total amount of Rs.3.00 lakhs out of the agreed amount of Rs.5.00 lakhs. In the affidavit she has stated that she has no objection for quashing the criminal proceedings. 6. It is obvious that the matrimonial dispute between the first applicant and the second respondent led to lodging of FIR by 3 the second respondent. Now, there is complete settlement between the husband and the wife. Therefore, no purpose will be served by continuing the prosecution as continuation thereof will cause prejudice to both the parties. Hence, a case is made out for exercising power under section 482 of the said Code. 7. Hence, I pass following order :- (a) Rule is made absolute in terms of prayer clause (b); (b) Parties and concerned Court to act on an ordinary copy of this order duly authenticated by Registry of this Court. (A.S.OKA, J.) mst