Petitioner in the subject petition seeks for the following

prayer:

<A.

Quash

the

memorandum

of

settlement

dated

11.04.2018 entered between the petitioner and the

respondent

in

Criminal

Misc.No.219/2017

vide

Annexure 8A9 and consequently, set aside the order

3

dated

11.04.2018

passed

in

Criminal

Misc.No.219/2017

by

the

Hon9ble

Metropolitan

Magistrate Traffic Court 3 V, Bengaluru of dismissing

the case as being settled 3 ANNEXURE 8B9.

B. Quash proceeding in Criminal Misc.No.138/2019,

pending on the file of Hon9ble Metropolitan Magistrate

Traffic Court 3 V, Bengaluru 3 ANNEXURE 8E9.

C. To restore the Criminal Misc.No.219/2017 on the file of

MMTC-V and to direct the Hon9ble Metropolitan

Magistrate Traffic Court 3 V, to proceed with the

proceedings in Criminal Misc.No.219/2017 from the

stage where it was dismissed and permit the

petitioner to defend the proceedings in Criminal

Misc.No.219/2017 3 ANNEXURE 8B9.

D. Grant any other relief which this Hon9ble Court deems fit

in the facts and circumstances of the case.=

2. Heard Ms. Geeta R. Shindhe, learned counsel for the

petitioner and Sri Rajendra Desai, learned counsel for the

respondents.

3. Brief facts of the case leading to the filing of the petition

as borne out from the pleadings are as follows:

The petitioner and the first respondent get married on

03.07.1998. On their relationship turning sore, first and the

second respondents herein initiate proceedings under Section 12

of the Protection of Women from Domestic Violence Act, 2005

4

(for short 8the Act9), in Crl.Misc.219/2017. In the proceedings, a

compromise was entered into between the petitioner and the

respondents and the proceedings under the Act were terminated

on account of such settlement arrived at on 11.04.2018.

4. The terms of settlement read as follows:

< Memorandum of Settlement under Section 89 read

with Rules 24 and 25 of the Karnataka Civil Procedure

(Mediation) Rules, 2005.

I. The petitioner have filed the above petition, under section 12

of the Protection of Women from Domestic Violence Act, 2005

against the Respondent seeking maintenance and against

the Domestic Violence.

II. The aforesaid petitioner was referred to mediation for

resolving the dispute between the parties. During the course

of mediation 1^st petitioner9s parents, respondent along with

their respective counsel have participated in the mediation

proceedings and have resolved the dispute and have agreed

for REUNION on the following terms and conditions:

1. The 1^st petitioner and the respondent admit that

their marriage was performed on 03.07.1998 at BTI

in Bhurkunda Post, Hazaribagh (DT), Bihar State,

Jharkhand, as per the Hindu customs and rituals.

2. Both the 1^st petitioner and the respondent state that

they have two children the 2^nd and 3^rd petitioner

herein by name Anubhav Anand, aged about 11

years respectively.

3. Due to the differences they were living separately

and there was no conjugal relationship between the

5

1^st Petitioner and the Respondent since more than

one year.

4. During the course of mediation, the 1^st petitioner and

the

Respondent,

the

1^st

petitioner

and

the

respondent have agreed to resume the conjugal

relationship and lead a happy married life.

5. The respondent has agreed to join the petitioners at

their matrimonial home.

6. The 1^st petitioner and the Respondent undertake

that they will equally shower love and affection

towards each other. The respondent is employed in

Railways, as such the respondent shall visit the

petitioners once in a week and take care of the

family.

7. The respondent has agreed to pay a sum of

Rs.20,000/- (Rupees Twenty Thousand Only) being

the arrears of maintenance passed by this Hon9ble

Court by way of demand draft at the time of

reporting this settlement before the Hon9ble Court.

8. The respondent has agreed to pay every month a

sum of Rs.20,000/- (Rupees Twenty Thousand

Only) to the bank account of the 1^st petitioner bearing

account No.50100163021742 maintained at HDFC

Bank, Jayana