The court upheld the validity of a settlement reached through mediation, quashing ongoing proceedings and emphasizing the importance of amicable resolutions in family law disputes.

ORAL ORDER

The petitioner calls in question the proceedings in C.C.No.577/2016 registered for the offences punishable under Sections 506 and 498A of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 .

2. Heard Sri. Suhas T.L., learned counsel appearing for the petitioner, Sri. Nagaraj G., learned counsel appearing for respondent No.1, Sri. B.N. Jagadeesha, learned Addl.SPP, appearing for respondent No.2 and have perused the material on record.

3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and the memorandum of settlement reads as follows:

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

The parties above named beg to submit as follows:-

I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:

1. The plaintiff has filed the above petition Under Order 7 Rule 1 of C.P.C. R/W Sec.2 (TV) & (VIII) (a) of Dissolution of Muslim Marriages Act 1939 between the plaintiff and defendant solemnized on 22.09.2013 at Masjid-E- Ismabad, Palace, Basavanagudi, Bangalore as per Muslim rites and customs.

2. Both the parties state that from the wedlock, they have one son by name Mohammed Ibrahim Khan aged about 7 years. The minor son is presently under the care and custody of the mother/plaintiff.

3. That the parties herein due to irreconcilable differences between them and due to incompatibility of temperaments, have been living separately from 2015 and thus they are unable to lead a married life. As such they have agreed to get their marriage dissolved on the following terms.

4. It is agreed between the parties that the care and custody of the minor child shall be with the petitioner/mother for all purposes and she will be the legal guardian of the minor child. The defendant shall not exercise visitation rights over the minor child.

5. Both the parties agree that they shall have no claims with regard to maintenance/permanent alimóny against each other.

6. Both the parties agree that they shall have no claims with regard to movable or immovable property belonging to each other.

7. The plaintiff agrees to withdraw Cri.Misc.813/2018 filed by her against the defendant for maintenance pending before the V Addl. Judge. Family Court al Bengaluru.

8. The plaintiff agrees to co-operate/close C.C.No. 577/2016 filed by her against the defendant under section 498A pending before VI ACMM., at Bengaluru.

9. Both the parties agree that they shall not interfere in the lives of each other in future.

II. In view of the aforesaid agreement entered into between the parties, the parties pray that this Court be pleased to dispose of the above case in terms of the aforesaid agreement.

III. Parties will appear on 15.06.2023 before the Court for passing orders in terms of the agreement."

4. In light of the settlement arrived at between the parties as afore-quoted, I pass the following:

ORDER

i. Writ Petition is disposed.

ii. Proceedings against the petitioner in C.C.No.577/2016 pending before the XI ACJM, Mayo Hall, Bengaluru, stands quashed.