The petitioners are before this Court calling in

question proceedings in C.C.No.31127/2021, pending on

the

file

of

the

37^th

Additional

Chief

Metropolitan

Magistrate, Bengaluru, arising out of Crime No.51/2021,

registered for the offences punishable under Sections 498A

and 506 of the IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961.

2. Learned counsel appearing for the petitioners and

respondent No.2 in unison submit that the parties to the

lis were before the family Court in M.C.No.5560/2021,

whereby, the dissolution of marriage has taken place. The

conditions of the settlement also recognizes the present

proceedings as well and a copy of the memorandum of

settlement under Section 89 of CPC read with Rules 24

and 25 of the Karnataka Civil Procedure (Mediation) Rules,

2005 is also appended to the petition. The parties have

- 4 -

also filed an affidavit of the complainant along with the

joint memo before this Court to that effect.

3. The memorandum of settlement filed before the

family Court, 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

Xxxxxxxxxxxx

4. The 1^st petitioner has paid a sum of

Rs. 10,00,000/- (Rupees Ten Lakhs Only) to

the 2^nd petitioner by way of D.D. to the 2^nd

petitioner

on

account

full

and

final

settlement

of

the

repayment

of

Rs.8,50,000/- payable by the 1^st petitioner to

the 2^nd petitioner and Rs.1,50,000/- towards

alimony and all other claims.

5. The 2^nd petitioner has filed a

complaint under Section 498-A, 506 of IPC

R/W Section 3 & 4 of D.P. Act against the 1

petitioner vide Crime No.51/2021 which is

numbered as C.C. No.31127/2021 pending

before 37^th ACMM, Bengaluru. The same has

been challenged by the 1^st petitioner under

Section 482 of Cr. P.C. numbered as

Crl.P.No.9730/2021

pending

before

the

Hon'ble High Court of Karnataka, Bengaluru.

- 5 -

In view of the settlement entered into

between the parties cases mentioned above

will be cleared in accordance with law with

the cooperation of both the parties.

6. Both the petitioners state that they

have

no

claims

over

the

movable

or

immovable properties either existing or to be

acquired in future.”

The joint memo of the complainant reads as follows:

“JOINT MEMO

Xxxxxxxxxx

4. The Petitioner No. 1 & Respondent

No.2 has filed a Matrimonial Case Petition in

M.C.No.5560/2021 on the file of the II

Additional Family Judge, Bengaluru. The

Petitioner No.1 and the Respondent No.2

have participated in various conciliation

attempts by close family members, elders

and well wishers. However, the relationship

between the parties is broken beyond

conciliation and reunion. The marriage is

broken irretrievably and the Petitioner and

Respondent No.2 have filed Petition under

Section 13B of the Hindu Marriage Act, 1954

seeking for a decree of divorce dissolving

their marriage pending on the file of the

Principal

Family

Court,

Bengaluru

in

M.C.No.5560/2021 which has been decreed.

In light of the same, the Respondent No.2

has no objection to the said Criminal Petition

to being allowed in the event the Hon'ble

High Court of Karnataka compounds the

offences

and

quashes

all

proceedings

- 6 -

pursuant to FIR in Crime No.51/2021 of

Banashankari

Women

Police

Station,

Bengaluru

culminating

in

C.C.

No.

31127/2021 pending before the Learned

XXXVII A.C.M.M, Bengaluru. Hence, all

proceedings

pursuant

to

FIR

in

Crime

No.51/2021 of Banashankari Women Police

Station,

Bengaluru

culminating

in

C.C.No.31127/2021

pending

before

the

Learned XXXVII A.C.M.M., Bengaluru may be

quashed, in the interest of justice.”

In terms of the afore-extracted memorandum of

settlement submitted before the family Court and also the

joint memo filed before this Court, I deem it appropriate to

terminate the proceedings initiated against the petitioners

for the afore-quoted offences, as the same are not against

the State.

4. For the aforesaid reasons, I pass the following:

ORDER

(i)

The criminal petiti