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Judgment
M G Uma, J
Learned counsel for the petitioners and respondent No.2 submit in unison that the dispute between the parties is amicably settled before the Karnataka Mediation Centre, Bengaluru. They have produced certified copy of memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The same reads as under:
" 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 beg to submit as follows:-
The plaintiff has filed the above suit under order VII Rule 1 of Code of Civil Procedure 1908 r/w Section 2(1), 2(ii) and 2(iv) of the Dissolution of Muslim Marriage Act, 1939 seeking a decree of divorce.
I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have mutually agreed to the following terms and conditions:
Both the parties admit the relationship of wife and husband and their marriage was solemnized 25.06.2010 at Bengaluru, as per the Muslim rites and customs.
Both the parties state that they have two children from the said marriage namely Master Mohammed Irtaza, aged 12 years and Maryam Fathima, aged about 11 years. Both minor children are presently under the care and custody of the Plaintiff/mother and shall continue to be in her custody in future too, for which the defendant/father has no objection.
That the parties herein state that, due to Irreconcilable differences between them and due to Incompatibility of temperaments, they have been living separately from October 2013. 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 between them. Hence, they have decided to get the marriage between themselves dissolved mutually by a decree of divorce on the following terms and conditions:-
a) Defendant/father has agreed to bear all educational expenses of both the children and undertakes to remit every year without fail, the school fees, school bus fee, uniform and books fee directly to the concerned school/institution/agency for both the children;
b) The Defendant has also subscribed to a Term Insurance Policy with 'Aviva' In policy bearing No. 10354951, standing in the name of Defendant for the benefit of the Minor Children of the Defendant with the Plaintiff only. Defendant undertakes that he will ensure that the entire premium to the said policy is paid without default and that the said policy will not be cancelled/modified in future and after maturity the said amount will be transferred to the account of the children.
c) The Defendant has also subscribed to a Life Insurance Policy with 'Exide Life Insurance' in policy bearing No. 02783357. The sum insured in the said policy will be released in favour of both the children i.e., Mohammed Irtaza and Mariam Fathima who are the nominees in the said policy. The Defendant agrees and undertakes that the nominees in the said policy will continue to be the two minor children and the names of the said nominee will not be changed in the policy and after maturity the said amount will be transferred to the account of the children;
d) The Defendant has agreed to pay the Plaintiff a sum of Rs.60,00,000/- (Sixty Lakhs Only) as permanent alimony to Plaintiff and in full and final settlement of all the claims of the Plaintiff with the Defendant by way of four post dated cheques before the Hon'ble Court at the time of reporting this settlement. The Defendant has Agreed to pay the said sum in the following manner:-
A sum of Rs. 10,00,000/- (Rupees Ten Lakh Only) vide Cheque Bearing No.000081 dated 10.07.2023 drawn on Kotak Mahindra Bank, High Court Branch in favor of the plaintiff;
II. A sum of Rs.15,00,000/- (Rupees Fifteen Lakh Only) vide Cheque Bearing No.000082 dated 10.08.2023 drawn on Kotak Mahindra Bank, High Court Branch in favor of the plaintiff;
iii. A sum of Rs.15,00,000/- (Rupees Fifteen Lakh Only) vide Cheque Bearing No.000083 dated 10.09.2023 drawn on Kotak Mahindra Bank, High Court Branch In favor of the plaintiff;
Iv. A sum of Rs.20,00,000/- (Rupees Twenty Lakh Only) vide Cheque Bearing No.000084 dated 10.10.2023 drawn on Kotak Mahindra Bank, High Court Branch in favor of the plaintiff;
The plaintiff has agreed to receive the aforesaid post dated cheques, subject to its realization. The Defendant undertakes to honour the aforesaid cheques when the same is presented for realization..
The Parties have arrived at the sum Indicated in SI No. 3(d) above keeping in mind the earnings of the Defendant. Apart from what is stated herein.
The Custody of the Two Children will remain with the Plaintiff, however the Defendant will have visitation rights with the Two Children. The Defendant will be entitled for visitation rights of the minor children in the presence of Plaintiff with prior consent and intimation of the plaintiff, as per their mutual convenience.
The following cases/complaints that are pending in courts/authorities will be withdrawn/closed by the respective parties who have initiated the said cases/complaints unconditionally, in view of the settlement arrived in the aforesaid case O.S.No.242/2023 before the II Addl. Family Court, Bengluru:
I. C.C No.6477/2015 pending before the VIII ACMM, Bangalore, filed by the Defendant herein against the Plaintiff herein;
II. RPFC No.111/2021, filed by the Plaintiff against the Defendant before the Hon'ble High Court of Karnataka, Bengaluru;
lii. Crl.Misc. No.33/2014 pending before the 5th MMTC, Bangalore, filed by the Plaintiff herein against the Defendant herein;
iv. Crime No.123/2014 pending before the 2nd ACMM, Bangalore filed by the Plaintiff herein against the Defendant herein;
v. O.S. No.107/2015 before the III Addl. Prl. Family Court, Bengaluru filed by the Defendant herein against the Plaintiff (This case has been dismissed for default and the Defendant undertakes not to revive the same)
The parties hereby declare as under:
The plaintiff had filed cases mentioned in paragraph 7(ii), 7(iii) and 7(iv) above against the Defendant and the Plaintiff hereby undertakes to withdraw the said cases unconditionally.
II. The Defendant had filed cases against the plaintiff as mentioned in paragraphs 7(1) and 7(v) above and the Defendant hereby undertakes to withdraw the said cases unconditionally.
Both the parties agree that apart from the above, they have no other claims of whatsoever manner against each other either maintenance or permanent alimony either for the past, present or future and also have no claims over the movable or Immovable properties belonging to each other either existing at present or to be acquired in future and have already exchanged their respective valuable articles and other personal belongings.
The plaintiff further state that there has been no collusion or Force, fraud or any undue influence entering into this settlement in the aforesaid manner.
Both the parties agree not to interfere in the lives of each other in future in any manner.
II. In view of the aforesaid agreement entered into between the parties, the parties pray that this Court be pleased to dissolve their marriage solemnized on 25.06.2010 at Bengaluru, in terms of the aforesaid agreement.
III. Parties will appear on 28.06.2023 before the Hon'ble Court for passing orders in terms of the agreement.
III. Parties will appear on 28.06.2023 before the Hon'ble Court for passing orders in terms of the agreement."
They have also produced certified copy of the decree passed in O.S.No.242/2023 on the file of the learned II Additional Principal Judge, Family court, Bengaluru, where there is reference to very same memorandum of agreement be treated as part and parcel of the decree.
Learned counsel for respondent No.2 specifically admits the terms of the memorandum of settlement and he has no objection to allow the petition.
Submission is placed on record. Satisfied with the terms of the memorandum of settlement.
Accordingly, I proceed to pass the following:
ORDER
(i) The petition is allowed.
(ii) The criminal proceedings pending in C.C.No.6477/2015 (Crime No.159/2023 of JC Nagar Police Station) before the learned VIII Additional Chief Judicial Magistrate, Bengaluru, registered for the offence punishable under Sections 324, 504, 506B, read with Section 34 of Indian Penal Code (for short 'IPC'), is hereby quashed.