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Judgment
ORAL ORDER
The petitioners/accused Nos.1 to 3 have filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the entire proceedings in Criminal Case No.873 of 2024 pending on the file of the Civil Judge and Judicial Magistrate First Class, Gangavathi, for the offences punishable under Sections 498A, 354, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860.
Learned counsel for the petitioners has vehemently contended that the petitioners and the de facto complainant have arrived at a compromise, which was recorded in Writ Petition No.202865 of 2025, disposed of on 17.07.2026. The contents of the said order reads as under:
"ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“a)Issue a writ of certiorari quashing the impugned order dated 02.06.2025, in M.C.No.44/2024, passed by the learned Senior Civil Judge and JMFC at Sindhanur as per Annexure-A, consequently dismiss the interim application in IA No.I, filed by the respondent-wife u/sec.24 of the Hindu Marriage Act, as per Annexure-D,
b)Issue any writ, order or directions as this hon’ble Court deems fit in circumstances of case.”
2.The matter having been referred to mediation, the mediator has submitted the following report:
Terms & Conditions of Settlement
That Petitioner/husband and Respondent/wife on going through the process of mediation have agreed to resolve all their disputes amicably on the following terms & conditions:
1.That both parties have resolved to part one another by a decree of divorce by submitting copy of this settlement in pending, proceeding in M.C. No. 44/2024 on the file of Senior Civil Judge & JMFC, Sindhanur.
2.That, Petitioner/husband herein has agreed to return,
(i)All the clothes kept in a suit case to Respondent/wife.
(ii)The gold ornaments such as ear ring with Mati, Bracelate, Necklace, engagement ring and cash of Rs. 3,50,000/-(Three Lakh Fifty Thousand only) towards permanent alimony, before the trial court.
3.Respondent/wife has agreed to return Talichain, Sutra, Konepusa.
4.Respondent has agreed to withdraw Criminal case C.C. No. 873/2024 pending on the file of Prl. Civil Judge & JMFC, Gangavati. She has agreed to co-operate with the petitioner to get the above criminal proceedings quashed by filing petition before Hon'ble High Court, Dharwad Bench at his cost.
5.Respondent/wife has agreed to withdraw Crl. Misc. No. 678/2024 & 679/2024 both pending on the file of Prl. Civil Judge & JMFC, Sindhanur by producing C.C. of this settlement.
6.The above settlement is full and final and Respondent will not have any claim of whatsoever nature.
The contents of this amicable matrimonial Settlement/Agreement are read over and explained to both the parties in language known to them and after understanding the contents of the settlement as true and correct, have put their signature over it.”
3.In view of the settlement arrived at between the parties by way of mediation, nothing further survives in the present petition. Therefore, the writ petition is disposed of in terms of the mediation agreement entered into between the parties."
In the aforesaid order, at paragraph No.2, Clause 2(4), it is recorded that respondent No.2-de facto complainant has agreed to withdraw Criminal Case No.873 of 2024 (present case) pending on the file of the Civil Judge and Judicial Magistrate First Class, Gangavathi, and has further agreed to cooperate with the petitioners to get the criminal proceedings quashed by filing a petition before the High Court of Karnataka, Dharwad Bench.
In view of the settlement arrived at between the parties through mediation, continuation of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law.
Accordingly, the criminal petition is allowed. The proceedings in Criminal Case No.873 of 2024 pending on the file of the Civil Judge and Judicial Magistrate First Class, Gangavathi, for the offences punishable under Sections 498A, 354, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860, are hereby quashed insofar as the petitioners/accused Nos.1 to 3 are concerned.
In view of the disposal of the petition, pending interlocutory applications, if any, shall stand dismissed.