Mediation agreements are binding and can lead to the quashing of criminal proceedings, especially where both parties mutually agree to dissolve the marriage and resolve all disputes.

ORDER :

(S.R. KRISHNA KUMAR, J.)

In these petitions, petitioners have sought for the following reliefs :-

“(a) Quash the entire proceedings in C.C.No.26581/2024 on the file of Court of the Ld. XXXIX Additional Chief Judicial Magistrate, Bengaluru including the FIR No.38/2024;

(b) Call for records in C.C.No.26581/2024 from the file of Court of the Ld. XXXIX Additional Chief Judicial Magistrate, Bengaluru;

(c) Pass any other orders that this Hon’ble Court may deem fit in the interest of justice and equity.”

2. Heard learned counsel for the petitioners in both petitions, learned Addl.SPP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

3. A perusal of the material on record will indicate that parties have entered into settlement and marriage between the petitioner-Somesh Mehta and respondent No.2 has been dissolved vide order dated 23.04.2025 in M.C.No.370/2024 on the file of I ASCJ, BRD.

4. The order dated 23.04.2025 in M.C.No.375/2024 on the file of I ASCJ, BRD, reads as under:

“Petitioner present, counsel present.

Respondent present, counsel present.

Mediation report received.

Perused the same.

Parties settled their disputes at the intervention of mediation.

The respondent paid Rs.16,00,000/- to the petitioner towards compliance of mediation agreement through DD No.021013 dated 09.04.2025 the petitioner acknowledge the same.

Mediation report accepted, case stands closed.

Draw decree in accordance with mediation report.

Mediation report is part and parcel of the decree to be drawn.”

5. The memorandum of settlement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (mediation) Rules, 2005 duly signed by petitioner- Somesh Mehta and respondent No.2-Anisha Mehta along with their respective counsel reads as under :

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULE, 2007.

The Parties above humbly submit as follows :

1. The petitioner have filed this petition under Section 13 (1) (i-a) of the HINDU MARRIAGE ACT , 1955 for a decree of divorce against the respondent.

II. The aforementioned petition was referred to mediation for resolving the disputes between the parties amicably. During the course of mediation, the Petitioner and Respondent along with their respective advocate were present and they have resolved their disputes and agreed to the following terms and conditions:-

1. The petitioner and respondent are Hindus by religion and their marriage was solemnized on 22.02.2023 at Silver Spoon Banquet Hall, Sector-18, Vasundhara, Ghaziabad, Uttar Pradesh, as per Hindu customs. Subsequently, the said marriage was registered on 28.04.2023 before the Marriage Registration Officer-IV, Ghaziabad, Uttar Pradesh vide serial No.479. The petitioner is residing at Bengaluru within the jurisdiction of this Hon'ble Court.

2. The parties have been living separately from each other from 17.05.2024. Due to irreconcilable differences and incompatibility of temperament, the relationship has deteriorated over the past few years. Efforts of reconciliation have been unsuccessful, and the marriage has irretrievably broken down. Even during the course of mediation, despite best efforts, the parties could not eschew their differences and reconcile. Since the parties are unable to resolve their differences, they have agreed for the dissolution of the marriage.

3. The petitioner and the respondent have no children born to them from their wedlock.

4. The respondent has agreed to pay a sum of Rs. 16,00,000/- (Rupees Sixteen Lakhs Only) to the petitioner towards her maintenance/permanent alimony in full and final settlement. The above said amount is paid through a demand draft beari