The court established that a settlement between parties, if not honored by one party, can lead to the quashing of criminal proceedings, emphasizing the need for cooperation in legal resolutions.

JUDGMENT

1. This petition is filed by the petitioner/accused under Sec. 482 of Cr.P.C for quashing the criminal proceedings in C.C.No.1668/2020 arising out of Crime No.163/2019 registered by the Suddaguntepaly police station for the offence punishable under Sec. 498A of IPC and Sec. 4 of the Muslim Women (Protection of Rights on Marriage Act, 2019) on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru.

2. Heard the learned counsel for petitioner and learned HCGP for the state and learned counsel for respondent No.2 remained absent.

3. Learned counsel for petitioner submits after filing of the complaint by the respondent No.2 on 15/8/2019 there was compromise between the parties in deed of compromise, dissolution of Marriage on 30/11/2019 and as per the compromise the petitioner agreed to pay the alimony of Rs.9.00 lakhs and agreed to pay Rs.20, 000.00 as monthly maintenance and he was paying throughout 19 months. Thereafter petitioner and respondent No.2 filed the petition before the High Court in Crl.P.No.689/2021 and a joint compromise application also filed before the court. But later she refused to appear and therefore the petitioner is forced to withdraw the petition on 24/11/2021. Subsequently he approached the trial court where she also once again not appeared, therefore the matter was referred to the Mediation Centre, even in the Mediation Centre respondent No.2 did not appear. Therefore, the petitioner is before this court.

4. Having heard the argument and perused the record, which reveals ofcourse the FIR registered against the petitioner under Sec. 498A and Sec. 4 of the Muslim Women (Protection of Rights on Marriage Act, 2019) subsequent to the FIR on 30/11/2019 there was dissolution of marriage among the parties and petitioner agreed to pay permanent alimony as well as monthly maintenance of Rs.20, 000.00 to her. Subsequently one more Memorandum of Understanding was entered between the parties on 1/12/2019 and against respondent No.2 under took to withdraw the case, thereafter the petitioner filed the criminal petition before this court and respondent No.1 also appeared through advocate and filed joint compromise application signed by her. Thereafter she remained absent, therefore the said criminal petition came to be dismissed as withdrawn.

5. Learned counsel for petitioner brought to the notice subsequently he has approached the trial court and got the matter referred to the Mediation Centre where she has not cooperated for compromise and settlement. Considering these document which clearly reveals there was settlement between the parties and she has received the maintenance upto June 2021 and the entire Rs.9.00 lakhs and encashed Rs.9.00 lakh permanent alimony granted under the dissolution of marriage agreement. Though the respondent No.2 appeared through the counsel but remained absent today, which reveals the respondent is purposely avoiding for closing the matter. Even though she has received the entire permanent alimony and received monthly maintenance. However the petitioner counsel submits, the petitioner is ready to pay the remaining arrears of maintenance to respondent No.2 through online.

6. The said submission is placed on record.

7. Considering the facts and circumstances of the case, when the parties have settled their issues before the court and respondent to cooperate with the court for closing the matter but she has failed to appear before the court which reveals she is dragging the matter only to harass the petitioner. Therefore when the matter is settled between the parties, it is duty of respondent to appear and cooperate with the court for closing the matter. Such being the case, I am of the view continuing the proceedings before the trial court is abuse of process of law and liable to be quashed. Accordingly, this petition is allowed. Consequently, the criminal proceedings against the petitioner in C.C.No.1668/2020 arising out of Crime No.163/2019 registered by the Suddaguntep