WP.1801-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1801 OF 2010 Dr. Debajyoti Roy ...Petitioner Vs. Dr. (Mrs.) Bithi D. Roy & Anr. ...Respondents *** Mr. Amit Kumar Bhowmik & Rajan S. Mhamane, for the Petitioner. Mrs. Manjula Rao & Manish Rai, for Respondent No.1. Mrs. P. P. Bhosale, APP for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : JULY 20, 2009 P.C. . The petitioner has filed this petition for quashing of criminal complaint filed under section 494 and 498-A of I.P. Code, pending in the Court of Additional Chief Metropolitan Magistrate, 9th Court, Bandra, being Criminal Case No. 1357/PW/2005 in respect of MCR No. 01 of 2005 of Khar Police, Station, Mumbai. WP.1801-10 - 2 - 2. Thereafter the parties have compromise the matter filed consent terms in FCA Nos. 55 of 2003 and 124 of 2005, on 3rd February, 2010. The respondent No.1 has filed affidavit-in-reply through her power of attorney, dated 14th July, 2010 in which she has stated that she has no objection to quash the complaint. The consent terms filed by the parties is also annexed. In paragraph 1, the respondent had given an undertaking to withdraw the criminal complaint filed by her, pending before the Metropolitan Magistrate, 9th Court Bandra, Mumbai, since the parties have settled the dispute. In view of the proposition laid down by the Supreme Court in the case of - P. S. Joshi & Ors. Vs. State of Haryana [AIR 2003 Supreme Court, 1386], the said complaint is quashed. The writ petition is therefore, allowed in terms of prayer clause (b). . Certified copy expedited. Sd/- [ V. M. KANADE J.]