The court upheld the validity of a compromise between parties, allowing for the quashing of FIR and related proceedings to prevent abuse of process of law.

ORAL ORDER

In this petition, petitioners have sought for the following relief:-

“(a) Allow this Criminal Petition and quash the FIR and Complaint in Crime No.103/2023 registered by respondent No.1 Mangalore Women P.S.(on the file of the learned 3^rd J.M.F.C. III Court, Mangalore) for the alleged offences under Sections 498A , 323, 504, 526 and 34 of I.P.C.; under Sections 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (protection of Rights on Marriage) Act, 2019; produced at Document No.1 and 2.

(b) Grant such other relief or reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.”

2. Learned counsel for the petitioners – accused Nos.1 to 4 and learned counsel for respondent No.2 – complainant have filed Memorandum of Compromise Petition duly signed by the petitioner No.1, 2^nd respondent and their respective counsel and the same is taken on record.

3. Petitioners – accused Nos.1 to 4 and their counsel and counsel for respondent No.2 are physically present before the Court and 2^nd respondent has appeared through Video Conferencing and they admit the contents of the Memorandum of Compromise Petition, which reads as under:-

“Memorandum of Compromise Petition under Section 359 r/w 528 of BSNN, 2023

The Petitioners and the respondent No.2 above named most respectfully submits as follows:

1. The Petitioner No.1 herein has challenged the entire proceedings in C.C.No.1306/2024 pending on file of the Learned 3^rd J.M.F.C. III Court, Mangalore for the alleged offence under Sections 498(A), 323, 504 , 506 r/w 34 of IPC and u/s 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 including the FIR, Complaint and Charge sheet in Crime No.0103/2023 and the Petitioner No.2 , 3 and 4 are challenging the FIR and Complaint in Crime No.103/2023 registered by respondent police, pending on file of the Learned 3^rd J.M.F.C. III Court, Mangalore for the alleged offence under Sections 498(A), 323, 504 , 506 r/w 34 of IPC and u/s 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 along with other consequential reliefs.

2. It is submitted that the Petitioners and Respondent No.2 in the above criminal petition have settled their interlay misunderstanding and dispute arising out of the marriage between the Petitioner No.1 and Respondent No.2 with the intervention and advices of well-wishers and elderly members of their respective families. The parties have settled their dispute amicably and the marriage has been dissolved by way of Khula, as per Muslim rituals. The copy of the Khula is produced herewith and marked as Document No.1. The Petitioner No.1 has paid a sum of Rs.6,50,000 (Six Lakh fifty thousand) as full and final settlement to the Respondent No.2 through Demand draft dated 03.02.2025 bearing No.072818.

3. The Petitioner No.2 has agreed to withdraw the suit for injunction filed against the Respondent No.2 and further the petitioners and the respondent No.2 have agreed to withdraw/settle any civil or criminal cases filed and pending between them and they no longer intend to pursue the proceedings challenged in the above criminal petition.

4. The Respondent No.2 who is the de-facto complainant is present before this Hon'ble Court through Video conference and has filed an affidavit in support of this compromise petition, request and gives her no objection for quashing the entire proceedings against Petitioner No.1 in C.C.No.1306/2024 pending on file of the learned 3^rd J.M.F.C. III Court, Mangalore including the FIR, Complaint and charge sheet in Crime No.103/2023 registered by Respondent No.1 for the alleged offence punishable u/s 498(A), 323, 504 , 506 r/w 34 of IPC and u/s 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 .

5. The Respondent No.2 has no objection to qua