Ram Sharn Prajapati & Others vs State By Bagalur P.S & Others

M. Nagaprasanna, J

In terms of order dated 25.11.2019, which recorded the settlement being executed between the parties before the Mediation Centre on 06.03.2019 and in furtherance thereof the petitioner - husband has executed the gift deed and has handed the original of it to the respondent - wife before this Court as also the original birth certificate of the child. The deed of settlement insofar as it pertains to the petitioner is now executed by handing over of the aforesaid documents.

The parties have also agreed for withdrawal of all the pending litigations between them. A few of them instituted by the petitioner - husband and few of them by the respondent - wife. The terms of settlement as obtaining in Crl.P. No.3238/2016, read 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 beg to submit as follows:-

I. The petitioners herein has filed this petition for quashing the proceedings in C.C. No.2749/2015 pending before Prl. Civil Judge & JMFC, Devanahalli for the offences under Section 498-A of IPC R/w Sections 3 & 4 of D.P. Act which is filed by the respondents herein against the petitioners.

II. The issue arose out of the marital relationship between the son of the petitioner No.1 and 2 and the mother of the petitioner No.3 and the respondent No.2 in Crl.P.No.9468/2016 they have settled the matter. Thus, the petitioner's son is signing on behalf of the petitioners.

III. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:-

Both the parties state that, the marriage has taken place on 16.05.2010 at Magiepai Resort, Faridabad, NCR, Delhi, as per Hindu rites and customs between the son of the petitioner No.1 and 2 the respondent No.2.

The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, son of the petitioner No.1 and 2 and the respondent No.2 are living separately from August 2014. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of a reunion between them.

Both the parties state that son of the petitioner No.1 and 2 and the respondent No.2 have a son by name Kushagra Singh aged about 5 years presently under the care and custody of the 2nd respondent/mother. The son of the petitioner No.1 & 2 has no objection for the respondent No.2/mother to have permanent guardianship of the minor son in future.

Since there is no possibility of reunion between the son of the petitioner No.1 and 2 and the respondent No.2 herein, they undertake to file a mutual consent petition and obtain divorce from the competent Court.

In view of this agreement entered into between the parties, the parties hereby withdraw the allegations leveled against each other unconditionally.

The parties further state that there has been no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner.

The parties have agreed that they shall not interfere with each other's life in any manner.

IV. In view of the aforesaid agreement entered into between the parties and the parties pray that this Hon'ble Court be pleased to pass appropriate order, in terms of the aforesaid agreement.

V. Parties will appear before the Court for passing necessary orders in terms of the agreement."

Since the terms of settlement are now fulfilled, the undertaking of both the petitioner - husband and the respondent - wife is noted with regard to withdrawal of all the pending litigation between the parties, if not already withdrawn, steps would be taken by them for withdrawal of the same in the next 15 days.

In view of settlement arrived at before the Mediation in terms of Section 89 of the Code of Civil Procedure, 1908, the impugned proceedings in C.C.No.2749/2015 on the file of the Civil Judge and JMFC at Devanahalli, arising out of Crime No.50/2015 registered by the Bagalur Police Station, which is challenged in these petitions, stands quashed.

The petitioner - husband undertakes that he would not leave the Country until the undertaking of withdrawal of the litigation in terms of settlement as arrived at between the parties, are fulfilled.

Accordingly, writ petitions are disposed.