1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 736 OF 2010 Mohammed Yusuf Bashir Shaikh & Ors. ...Petitioners vs. State of Maharashtra & Anr. ...Respondents Mr.Hakim Sana for the Petitioners. Mrs.M.R. Tidake, APP for the State. Mr.Dattatray Adankar for Respondent No.2. CORAM : V.M. KANADE, J. DATED : MARCH 31, 2010 P.C. :- 1 Heard Counsel for the petitioners and Counsel for respondent no.2. 2 The parties have settled the dispute and they have filed Consent Terms in civil proceeding which were pending in the court of Family Court at Bandra. Consent Terms are annexed at page 47 of the petition. In clause 3 of the said Consent Terms, the 2 respondent had agreed that she had no objection if criminal case pending in the Mazgaon court under Section 498A is quashed. The respondent has also filed affidavit in this court dated 31st March, 2010 in which also she has stated that she has no objection to the proceedings against the petitioners herein under Section 498A are quashed. The respondent is present in court. 3 My sheristedar has explained to her the contents of said affidavit. The respondent has stated the said affidavit has been affirmed by her and has been explained and interpreted to her by her Advocate and she reiterates the averments made in the said affidavit. I am, thus, satisfied that the parties have resolved the civil dispute and the respondent has given her no objection if the criminal case is quashed. In view of the judgment of the Apex Court in the case of B.S. Joshi and others vs. State of Haryana and another, reported in AIR 2003 Supreme Court 1386, this criminal case, 3 therefore, is liable to be quashed. 4 Writ petition, accordingly, is allowed. The criminal case pending before the 25th Metropolitan Magistrate Court at Mazgaon, Mumbai, in R.C.C. 443/PW/2008 arising out of FIR No.60/2008 dated 4th March, 2008 registered with Nagpada Police Station is quashed and set aside. 5 Writ petition is disposed of. (V.M. KANADE, J.)