The existence of a valid mediation agreement can lead to the quashing of criminal proceedings under Section 498A IPC when allegations raised lack sufficient specificity.

ORDER

Dated this the 21^st day of January, 2026 The petitioners are the accused persons in C.C. No. 655 of

2023 on the file of the Judicial First Class Magistrate Court, Kalamassery, arising out of Crime No. 450 of 2023, Eloor police station. They filed this petition under Section 482 of the Cr.P.C praying for quashing all further proceedings against them. The offence alleged against the petitioner is under Section 498A r/w 34 of the IPC .

2. The prosecution case is that the 1^st accused, being the husband of the defacto complainant and the 2^nd accused, his mother, subjected her to cruelty both physically and mentally during the period from 07.08.2021 to 01.08.2023 and thereby they are alleged to have committed the aforesaid offence.

3. According to the learned counsel for the petitioners, the allegations in the FI statement do not make out an offence under Section 498A of the IPC . Moreover, according to the learned counsel entire dispute between the parties were settled in mediation and Annexure A4 mediation agreement was entered into between the parties. According to the learned counsel, thereafter the defacto complainant retracted from the mediation agreement and refused to give an affidavit in support of this Crl.M.C. Therefore, he prayed for quashing all further proceedings against the petitoners.

4. The petition was strongly opposed by the learned counsel for the 3^rd respondent/defacto complainant as well as by the learned Public Prosecutor.

5. According to the learned counsel for the 3^rd respondent, after the mediation agreement, the petitioners assaulted the father of the defacto complainant and in that respect a criminal case was registered. Further, according to him, due to the non cooperation of the 1^st petitoner, the joint petition for divorce filed before the Family Court was also dismissed. On the other hand, according to the learned counsel for the petitioners, the joint petition was dismissed due the default of the 3^rd respondent herself and not because of the default of the 1^st petitioner. Further, according to him a new case registered against the petitioners is still pending and they are facing trial in that case.

6. On a perusal of the FI statement, it is revealed that though several allegations are raised against the petitioners, only one single specific instance of overt act is alleged against the petitioners with respect to the incident on 24.12.2022. The allegation is that on that day the 1^st accused abused her. No other specific allegations are raised against the petitioners in the FI statement. Therefore, on that ground itself, the proceedings against the petitioners are liable to be quashed. Moreover, as revealed from Annexure A4 mediation agreement, the parties have already entered into a settlement and thereby agreed to resolve all existing disputes, including quashing C.C No. 655 of 2023. The fact that subsequently the defacto complainant retracted from the mediation cannot be a ground for discarding the mediation agreement entered into between the parties.

In the light above discussion, this Crl.M.C. is liable to be allowed. In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in C.C. No. 655 of 2023 on the file of the Judicial First Class Magistrate Court, Kalamassery, is quashed.

Sd/-