IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
Abhijith V Shet, S/o. Late Venugopal Shet – Appellant
Versus
State Of Karnataka, Basavangudi Women PS, Represented By State Public Prosecutor – Respondent
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:
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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.
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.
The main legal point established is that in matrimonial disputes, if the parties settle their disputes amicably and obtain a divorce on mutual consent, with the wife receiving permanent alimony, the ....
Point of law: joint memorandum of settlement filed by the respective parties and in the light of the above decisions of the Hon'ble Apex Court, it is appropriate to quash the criminal proceedings
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