Criminal proceedings arising from matrimonial disputes, specifically under Section 498A IPC and the Dowry Prohibition Act, may be quashed by the High Court if the parties have voluntarily reached a comprehensive settlement through mediation.

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS, 2023 , PRAYING TO A) CALL FOR RECORDS PERTAINING TO C.C. NO. 23971/2024 PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE AT BENGALURU. B) ISSUE WRIT OR ORDER QUASHING THE IMPUGNED CHARGE SHEET DATED 13/04/2024 FILED BY THE RESPONDENT NO. 1-MICO LAYOUT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 504, 506 OF THE INDIAN PENAL CODE 1860 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 (ANNEXURE - C) AND ALL PROCEEDINGS PURSUANT THERETO, PENDING ON THE FILE OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE AT BENGALURU IN C.C.NO.23971/2024 (ANNEXURE-D), IN SO FAR AS PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:

HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question proceedings in C.C.No.23971/2024 registered for the offences punishable under Sections 498A , 323, 504 and 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard Sri. Ganesh Bhat, learned counsel appearing for the petitioner, Sri. Channappa Erappa, learned HCGP appearing for respondent No.1 and have perused the material on record.

3. Learned counsel appearing for the petitioner submits that the settlement is arrived at between the parties in the course of Mediation by drawing certain terms and conditions, which is then filed before the III Addl. Family Court, Bangalore in M.C.No.4695/2023. One of the condition of settlement was closure of the present proceedings as well. 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) RULES, 2005.

The parties above named submit as follows:-

The petitioner has filed the above petition under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, seeking for decree of divorce against the respondent.

I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the petitioner and the respondent along with their counsel were present, identified each other and the parties have resolved their disputes by agreeing to the following terms and conditions:-

1. The petitioner and the respondent state that their marriage was solemnized on 28.11.2021 at R.G Palace Convention Hall, Near By Pass Circle, Holenarasipura Road, Hassan, as per Hindu rites and customs. Subsequently, the said marriage was registered on 11.05.2022 before the Registrar of Marriage, Hassan, vide certificate No. HSN-HM102-22-23 stored in C.D No.HSNM9.

2. The petitioner and the respondent state that, due to irreconcilable differences between them and due to incompatibility of temperaments, have been living separately since January 2022. The efforts made by their elders, well-wishers and relatives to reunite them and to bring them under one roof as husband and wife to lead a happy married life did not yield any fruitful result. It is for that reason, they are unable to lead a married life. There is absolutely no chance of re-union amongst themselves. Hence, they have decided to get the marriage between themselves dissolved by a decree of divorce as prayed by the petitioner.

3. The petitioner and the respondent state that they have no children born to them from their wedlock.

4. Both the petitioner and the respondent are gainfully employed as such they have no claims of maintenance/permanent alimony against each other.

5. Both the petitioner and the respondent state and agree that they have