A settlement reached during mediation regarding dowry-related offences may lead to quashing of cognizance orders to prevent abuse of court processes.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

1. Heard learned counsel for the petitioners, learned APP for the State and learned counsel appearing on behalf of of O.P. No.2

2. The present application has been filed by the petitioners for quashing of order taking cognizance dated 15.12.2022 passed by learned Judicial Magistrate-1st Class, Benipatti in Complaint C.R. No.415 of 2022 dated 17.10.2022, whereby the learned trial court has taken cognizance against the petitioners for the offences punishable under Sections 498-A, 323 and 506 read with 34 of the INDIAN PENAL CODE (in short ‘IPC’).

3. The brief facts of the case is that the informant got married to the petitioner No.1 Badrun Duja in the year 2017. At the time of beginning of marriage, the accused persons including petitioners told her to bring two lakh rupees from her parents as dowry. When she expressed her inability to fulfill their demand, they subjected the informant to cruelty in different ways and she was also threatened to kill her. It is further alleged that on 28.01.2022 at about 8:00 P.M., accused persons assaulted the informant and confined her in a room and attempted to kill her by sprinkling kerosene oil. On hearing alarm raised by her, nearby people gathered over there and saved the informant.

4. It is submitted by learned counsel appearing for the petitioners that the matter appears settled between the parties in terms of Mediation Proceeding No.1239 of 2023 arising out of Cr. Misc. No. 58387 of 2023 and in furtherance of the same, an agreement was drawn on 05.02.2024 between the parties deciding terms and conditions of compromise. It is submitted that in furtherance of said compromise, the petitioner No.1/husband of O.P. No.2 paid Rs.7,00,000/- (Rupees Seven Lakhs) as one-time settlement qua maintenance amount to opposite party no.2, namely Madina Firdaush Sheikh, which was credited to her bank account No.20429977809 of SBI, Chittakula (Sadashivgad). The mediation agreement was also brought on record through supplementary afÏdavit.

5. Mr. Kuldeep Kumar, learned counsel appearing for opposite party no.2 has also approved the factum of compromise between the parties.

6. It would be apposite to re-produce the settlement terms as drawn by Patna High Court Mediation Centre, which is as under :-

“Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No. 1239 of 2023 [Arising out of Cr. Misc. No. 58387 of 2023]

An agreement made on 05.02.2024 at the High Court Patna Mediation Centre, between, Badrun Duja @ Jugnu Bahar @ Badruddoza, Son of Late Abdul Hasib, resident of Village-Parsaini, P.S.-Bisfi, District-Madhubani.

… …… Petitioner/(First party).

And Madina Firdaush Sheikh, wife of Baddruja @ Jugnu, D/o Baksi Gulan Sheikh, resident of Village-Parsauni, P.S.-Bisfi (Pautana), District-Madhubani.

--- Opposite Party No.2/(Second party).

Both the parties appeared in the Mediation Proceeding along with their Advocates and ready to resolve the dispute through the Mediation Proceeding on the following terms and conditions:-

1. That after great persuasion both the parties agreed to live separately and for this the petitioner offered to pay Rs.7,00,000/- (Rupees Seven Lakh Only) as full and final one time settlement amount to the Opposite party No.2 (Madina Firdaush Sheikh). Opposite party No.2 accepted the offer and gave her consent.

2. That both the parties agreed that the aforesaid amount shall be paid in five equal instalments in five months w.e.f. today. The payment shall be through RTGS/NEFT issued on the name of opposite party No.2 namely Madina Firdaush Sheikh in the Bank account number 20429977809, IFSC Chittakula (Sadash