Mediation settlement allows for quashing of criminal proceedings under Section 482 Cr.P.C when both parties withdraw allegations, recognizing the role of reconciliation in settling disputes.

ORDER :

J.M. KHAZI, J.

Petitioner No.1 and respondent No.2 and their respective learned counsel and learned HCGP for State are present.

2. This petition is filed by accused Nos.1 to 4 under Section 4 82 of Cr.P.C, to quash the criminal proceedings initiated against them in crime No.253/2023 of Basavanagudi Women PS for the offences punishable under Sections 4 98A, 354C, 323, 504, of IPC and Section 4 of Dowry Prohibition Act.

3. It is submitted by the both learned counsel for the petitioner and respondent No.1 that the dispute between the parties is settled before the Mediation and memorandum of settlement under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is filed in M.C.No.1758/2025. A memo along with certified copy of the order sheet, Mediation settlement agreement, decree in M.C.No.1758/2025 passed on by III Additional Principal Judge, Family Court, Bengaluru are produced.

5. As per the Sl.No.4(r) of the said settlement, respondent No.1 has agreed to withdraw the allegation made against each other and Co-operate to quash the present petition.

6. The terms and conditions of settlement arrived at between the parties reads as under:

" MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

I. Both petitioners are the party-in-person have filed a joint petition under Section 13-B of the Hindu Marriage Act, for dissolution of their marriage by mutual consent. The Hon'ble Court by its order dated 22.03.2025 is pleased to waive off cooling period of six month.

II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioners have participated in the mediation proceedings and have resolved their dispute and have agreed to the following terms and conditions:

1. The petitioners are Hindus by religion and they state that their marriage was solemnized on 26.11.2014 at Karnataka Police Bhavan, Lalith Mahal Road, Mysore as per Hindu rites and customs. Subsequently their marriage was registered on 27.03.2015 before the Registrar of Marriage, Mangalore City vide marriage certificate- No. MGC-HM1055-2014-15 stored in C.D.No.MGCM17.

2. Due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately from May 2023. The efforts made by the elders, friends and well- wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion between them. Hence, the petitioners have decided to get the marriage between themselves dissolved by a decree of divorce mutually.

3. Both the petitioners state that they have two children one daughter by name Arya Abhijith Shet born on 03.01.2017 and one son by name Arav Abhijith Shet born on 03.03.2020.

4. Both petitioners state and agree that after measuring all pros and cons they have decided to dissolve their marriage as per the terms and conditions mentioned below:

a) An amount of Rs.50,00,000/- (Rupees Fifty Lakhs Only) Shall be paid by the 1^st petitioner to the 2^nd petitioner as full and final settlement towards alimony, the said amount shall be paid to the 2^nd petitioner by the 1^st petitioner by way of demand draft/RTGS/other way of online transfer to the 2^nd petitioner's bank account No.0090252500004301 Karnataka Bank, Basavanagudi Branch, Bengaluru before the Hon'ble Court on or before at the time of reporting settlement.

b) The 1^st petitioner herein has agreed and undertakes to pay an amount of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) for purchase of an apartment to the 2^nd petitioner. The said amount shall inclusive of registration and stamp durty charges, katha etc. The 2^nd petitioner shall purchase the property in Bengaluru for the