((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2642 OF 2008 Narendra Govind Naik & ors. Petitioners versus State of Maharashtra & ors. Respondents Vinit Jain for petitioners. Ms.A.T.Javeri, APP for State. Prashant D. Patil for respondent no.2. CORAM : A.S.OKA, J. DATE : 28th April 2009 PC : 1. Rule. Learned advocate for the second respondent waives service. Learned APP waives service for the first respondent. By this writ petition under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 a prayer is made for quashing the criminal proceedings initiated on the basis of FIR lodged by the second respondent alleging commission of offence under section 498A, 406 read with section 34 of the Indian Penal Code. 2. The first applicant in this application is ((-2-)) the husband of the second respondent. The first applicant married to the second respondent on 22nd February 1999. The prayer for quashing is based on settlement arrived at between the petitioner and the second respondent in pending petitions before the Family Court. Reliance has been placed on the consent terms filed before the Family Court on the basis of which marriage between the petitioner and the second respondent has been ordered to be dissolved by a decree of divorce under section 13B of the Hindu Marriage Act, 1955. The consent terms record complete settlement between the first petitioner and the second respondent. The second respondent has filed an affidavit in this petition recording her no objection for quashing the proceedings in view of settlement forming part of the consent terms filed before the Family Court. 3. In the circumstances, continuation of criminal proceedings will cause undue harassment to both the parties. This is a fit case for exercising power under section 482 of the said Code for quashing the proceedings. Hence, I pass following order :- ((-3-)) (a) Rule is made absolute in terms of prayer clause (c); (b) In view of this order the proceedings pending before the learned Metropolitan Magistrate, 5th Court, Bhoiwada, Mumbai also stands quashed; (c) The concerned Court and parties to act on an ordinary copy of this order duly authenticated by Registry of this Court. (A.S.OKA, J.)