((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1236 OF 2009 Kaushik Vrudhichandra Pasad @ Shah Applicant versus Vaishali Kaushik Pasad @ Shah and another Respondents Smt.Vasanti Joshi for applicant. Mrs.Mallika A. Ingale for respondent. Ms.A.T.Javeri, APP for the State. CORAM : A.S.OKA, J. DATE : 06th April 2009 PC : 1. Rule. Learned APP waives service for second respondent. The advocate for the first respondent waives service. 2. By this application under section 482 of the Code of Criminal Procedure, 1973, a prayer is made for quashing the FIR registered at the instance of the first respondent for the offence under section 498-A and 406 of the Indian Penal Code. The applicant is the husband of the first respondent. The applicant is one of the accused. The other members of ((-2-)) the family of the applicant have also been shown as accused. 3. Quashing is sought on the ground of settlement between the parties. Reliance has been placed on draft consent terms to be filed in matrimonial petition pending between the parties before the Family Court at Bandra, Mumbai. The first respondent (first informant) is personally present in the Court. Her advocate has tendered on record an affidavit of the second respondent. 4. In the affidavit it is stated that the pending petition in the Family Court has been converted into a petition for obtaining divorce by mutually consent. The affidavit of the second respondent discloses that there is a settlement between the parties as recorded in the consent terms filed before the Family Court. 5. In view of the said settlement, continuation of criminal proceedings will cause undue harassment to both the parties. Hence, this is a fit case for exercise of power under section 482 of the Code of Criminal Procedure, ((-3-)) 1973. 6. Hence, I pass following order :- (a) Rule is made absolute in terms of prayer clauses (a) and (b). (A.S.OKA, J.)