The petitioner herein is the accused in Crime No.1024 of 2013 of Chittur Police Station, registered under Sections 417, 494 and 498 (A) of Indian Penal Code. The said crime was registered on the complaint of his wife (the 2nd respondent herein) alleging matrimonial cruelty and bigamy. Pending investigation, the petitioner filed this petition to quash the proceedings in Crime No.1024 of 2013, on the contention that the complaint made against his wife is a false complaint. 2. Pending the proceedings, the dispute was referred to mediation with the consent of both the parties. As directed by the Court, both the parties appeared before the Mediation Centre and took part in the mediation process. In the said mediation, the parties amicably resolved and settled all their disputes including the prosecution now pending under Sections 494 and 498(A) of IPC. As per the settlement in mediation, the petitioner herein agreed to pay an amount of ₹ 25 lakhs (Rupees Twenty five lakhs only) by way of Demand Draft and the 2nd respondent agreed to give consent for divorce. Now, it is submitted that the appropriate Matrimonial Court has granted divorce in terms of the agreement and that the petitioner herein has deposited an amount of ₹ 25 lakhs (Rupees Twenty five lakhs only) by way of Demand Draft before the Family Court, Bandhra in Mumbai. The Mediator who conducted mediation has submitted report of mediation along with a Memorandum of Agreement signed by the parties. The said Memorandum of Agreement is accepted by the Court, and this Crl.M.C is being disposed of in terms of the settlement in mediation. Accordingly, the prosecution now pending against the petitioner will have to be quashed under Section 482 of the Code of Criminal Procedure. It is submitted that all the disputes stand settled amicably, and that the 2nd respondent can withdraw the amount only if the prosecution is quashed.
In the result, this Crl.M.C is allowed in terms of the Memorandum of Agreement signed by the parties before the Mediator. Accordingly, the prosecution now pending against the petitioner herein in Crime No.1024 of 2013 of Chittur Police Station of Palakkad District will stand quashed under Section 482 of the Code of Criminal Procedure. The Memorandum of Agreement signed by the parties will form part of the proceedings.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge