The petitioners are before this Court calling in

question the proceedings in CC No.55344/2018

registered against the petitioner for the offences

punishable under Sections 498A, 323 R/w 34 IPC and

under Sections 3 and 4 of D.P.Act.

2. The parties were before the Civil Court in OS

No.1/2021, wherein the petitioners have settled the

dispute amongst themselves and have drawn-up such

terms of Settlement. The said Settlement reads as

follows:

"COMPROMISE MEMO U/SEC-89 OF

CPC,

R/W

RULE-24

&

25

OF

THE

KARNATAKA MEDIATION RULES, 2005 FILED

ON

BEHALF

OF

THE

PLAINTIFF

DEFENDANT

That the plaintiff i.e. Smt. Ayesh Khatib

and the defendant have compromised the above

matter on the following terms:

1. The plaintiff is the legally wedded wife

of the defendant and their marriage was

performed on 26.09.2011 as per the customs

prevailing in Muslim community at Hotel Pooja

4

International, P.B. Road, Davangere. Out of the

said wedlock, no issues are born.

2. The plaintiff has lodged a case before

the K.R.Puram Police Station, Benglauru in

Cr.No-153/2018/C.C-55344/2018

for

the

offences punishable U/Sec-498A, 506, R/w-34

of IPC and Sec-3 and 4 of the Prevention of

Dowry

Prohibition

Act,

1961

against

the

defendant and others. Now, the plaintiff and

defendant have compromised this case before

elders for Rs.5,00,000/- (Five Lakhs Rupees

only) as permanent alimony to plaintiff. Now, in

view of the settlement arrive between the

plaintiff and defendant, she has agreed to

withdraw

the

C.C-55344/2018

which

is

pending before the Learned X -Additional Chief

Metropolitan Magistrate, Bengaluru by receiving

a part amount of Rs.1,00,000/- vide DD No-

789206, dated 06/01/2022, account payee D.D,

Kotak Bank, Mercara in favour of plaintiff.

3. That the petitioner has agreed to

withdraw the Crl.Mis.No-201/2019, 311/2020,

243/2021 DV Act recovery cases on the final

orders passed in Crl.Mis No-13/2017 before the

JMFC-III, Davangere. The petitioner also agreed

to withdraw the recovery maintenance case

before the Hon'ble Family Court, Davangere

u/sec-125(3) of Cr.P.C. in Crl.Mis.No-89/2020

& Crl.Mis.No-244/2021 on the final orders

passed in Crl.Mis.No-354/2019 on the file of

Hon'ble Family Court, Davangere.

4. The defendant has agreed to withdraw

the Suit of restitution filed by him before

Learned P.C.J. & JMFC, Madikeri in OS-

108/2017. The defendant has also agreed to

withdraw the said restitution of conjugal rights

case. The defendant also agreed to withdraw the

5

Crl.Appeal No-51/2021 on the file of Hon'ble

ADJ-II, Davangere.

5. It is further agreed between both the

parties

that,

the

defendant

has

to

pay

Rs.4,00,000/- [Four Lakhs Rupees] to plaintiff

towards permanent alimony before the Hon'ble

Family Court, Davangere vide 1]. DD.No.789208

for

Rs.50,000/-,

2].

DD

No.789209

for

Rs.1,00,000/-, 3] DD No.78905 for Rs.50,000/-,

4]. DD No-789207 for Rs.2,00,000/- dated

06/01/2022 account payee Kotak Mahindra

Bank, Mercara respectively in favour of plaintiff.

There are no any articles or things or ornaments

remained between the parties to exchange. As

per the mediation report, the defendant has also

agreed to give consent for divorce to plaintiff.

And the plaintiff has also agreed for the same.

6. That the plaintiff has agreed that she

will not claim any share in the property of the

defendant properties or maintenance or alimony

in future against the defendant. There is no

force or fraud or coercion or undue influence in

entering

this

compromise

memo

by

the

respective parties."

3. The learned counsel appearing for the

respondent No.2 would submit that all the conditions

stipulated in the Settlement have been fulfilled.

4. Therefore, in the light of the Settlement arrived

at between the parties and the offence being under

6

Section 498A IPC and not being against the State, I

deem it appropriate to accept the Settlement and to

terminate the proceedings against the petitioners.

5. For the aforesaid reasons, the following:

ORDER

(i) The criminal petit