IMPORTANT POINT
A mediation agreement, once acted upon, cannot be avoided by a party without a challenge to its terms.

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A1 Final Report in C.C. No.325/2018 on the files of the Judicial First Class Magistrate Court-V, Kozhikode arose out of Crime No.589/2017 of Feroke Police Station, Kozhikode. The petitioners herein are accused in the above case.

2. Heard the learned counsel for the petitioners, learned Public Prosecutor and the learned counsel appearing for the 3rd respondent/defacto complainant, in detail. Perused the relevant materials available.

3. In this matter, the prosecution alleges commission of offences punishable under Sections 498(A), 406, 323, 324, 506(ii) read with 34 of Indian Penal Code.

4. The learned counsel for the petitioners would submit that, the matrimonial discord in between the first petitioner and the third respondent has been settled as per Annexure-A2 agreement entered into between them on 16.07.2018, duly signed by the first petitioner and the third respondent attested by Sri.Raju P. Augustine, Advocate and Notary, Edakkad P.O., Calicut. Accordingly, Rs.3,00,000/-was assessed as the amount due towards third respondent for the value of gold ornaments obtained by the first petitioner and Rs.2,00,000/-(Rs.15,000/-+ Rs.1,85,000/-) was assessed as the amount entitled by the third respondent under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act and the maintenance amount during the iddat period. Accordingly, Rs.5,00,000/-was entrusted to the third respondent and it was agreed to withdraw M.C. No.202/2017, O.P. No.664/2017, O.P. No.703/2017 and also the present case, viz. C.C. No.325/2018. Thereafter, the petitioners herein filed Crl.M.C. No.5825/2018 along with affidavit and vakalath filed by the third respondent, to quash the proceedings in C.C. No.325/2018 on the basis of settlement. But the third respondent retracted from the settlement and affidavit she filed. Accordingly, the counsel representing the third respondent in Crl.M.C.5825/2018 had relinquished the vakalath. As per Annexure-A6 order, the said Criminal Miscellaneous Case was dismissed as withdrawn, without prejudice to the right of the petitioners to initiate appropriate proceedings at a later stage. Accordingly, the submission of the learned counsel for the petitioners is that, the third respondent who, in fact, settled and agreed to withdraw the cases, is banking on the matter with a view to squeeze the petitioners to get more money. It is submitted further that, acting on Annexure-A2 agreement, admittedly signed by the third respondent, the quashment sought for is liable to be allowed.

5. Opposing quashment of the proceedings in view of Annexure-A2 agreement, the learned counsel appearing for the third respondent would submit that, even though, the third respondent signed Annexure-A2 agreement, she did not know the contents thereof and according to her 50 sovereigns of gold ornaments yet to be returned. Therefore, the matter would require trial to consider return of gold ornaments. The learned counsel for the third respondent also submitted that, the affidavit filed in the earlier Criminal Miscellaneous Case was not signed by the defacto complainant/third respondent.

6. Having appraised the rival arguments, the question arises for consideration is, whether a party to a mediation agreement could avoid its terms, without any challenge thereof? In this connection, I have perused Annexure-A2. Annexure-A2 would recite that, Rs.3,00,000/-was assessed as the amount due towards third respondent for the value of gold ornaments obtained by the first petitioner and Rs.2,00,000/-(Rs.15,000/-+ Rs.1,85,000/-) was assessed as the amount entitled by the third respondent under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act and the maintenance amount during the iddat period. Accordingly, Rs.5,00,000/-was entrusted to the third respondent. Clause No.4 of Annexure-A2 is tha