ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

“a) That this Hon’ble court may be pleased to quash the entire proceedings in C.C.No.29565/2023 pending before the VII Additional Chief Judicial Magistrate, Bangalore, for the alleged offences punishable U/s 498-A, 323, 504, 506, 149 of IPC of IPC r/w Section 3 & 4 of D.P. Act including Complaint, FIR, Charge Sheet in C.C.No.29565/2023 registered by the Respondent No.1 Police, and allow this Petition in the interest of justice.

b) Pass any such orders as this Hon’ble court deems fit, in the interest of justice.”

2. Heard learned counsel for the petitioner and learned Addl.SPP for 1^st respondent and perused the material on record. For the order proposed, notice to 2^nd respondent is dispensed with.

3. The petitioner as well as 2^nd respondent have filed a Memorandum of Settlement dated 07.11.2024 before the Family Court, Bangalore, which reads as under:-

“ MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 125 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION)

RULES, 2005.

The parties above named beg to submit as follows:

I. The plaintiff has filed the above petition under order VII Rule 1 and 2 Code Civil Procedure R/w Section 2(VIII)

(a) of the Dissolution of Muslim Marriage Act 1939.

II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the plaintiff along with her advocate and the defendant along the Advocate they have resolved their dispute and have agreed to the following terms and conditions:

1. Both the patties admit the relationship of wife and husband and their marriage was solemnized on 03.11.2019 at Masjid-E-Jamiya Tippu Sulthan, No.779, 2^nd cross, S.R.K.Hegde Nagar, Dr.S.R.K.Nagar Post, Bengaluru- 560 077 as per Shariath law and customs. 2. That the parties herein, due to irreconcilable between them and due to incompatibility of temperaments, have been living Separately from 11.10.2022. It is for that reason, they are unable to lead a married life. There is absolutely no chance of re-union among themselves. Both the parties state that their marriage is irrevocably broken down. Hence. They have decided to get the marriage between themselves dissolve ed mutually by a decree of divorce.

3. Both the parties state that they have no children born to them from their wedlock.

4. Both the parties state that they have no claims of maintenance /permanent alimony against each other either past, present or in future as both of them are capable of maintaining themselves independently.

5. Both the parties agree that they have no claims of whatsoever manner against each other in movable or immovable properties.

6. Both the parties agree that they will exchange their valuable articles and other belongings at the time of reporting settlement before the Hon’ble Court.

7. In view of the settlement arrived between the parties the plaintiff has agreed to withdraw/quash /close the following cases as per the prevailing law of the land, they are:

a) The plaintiff has agreed to withdraw Crl.Misc. No.835/2023 which is pending before I Addl.Family Court, Bengaluru.

b) The plaintiff has agreed to withdraw Crl.misc. No. 151/2023 which is pending before MMTC-VI, Bengaluru.

c) The plaintiff has agreed to co-operate in closing/quashing the proceedings in C.C.No.29565/2023 pending before VII-ACMM, Bengaluru filed against the defendant and other for the offences punishable under section 498-A, 323, 149, 504, 506 of IPC R/W section 3 & 4 of D.P.Act, in terms of this settlement.

d) Both parties have agreed to co-

operate in closing / quashing any proceedings arising out of the C.C.No.29565/2023 in terms of this settlement.

8. The patties further state that there has been no collusion or force, frauds or any undue influence in filing the above petition and entering into this settlement in the aforesaid manner.

9. Both the parties undertakes to withdraw all the allegations made against each other.

10. Both the parties