RAJENDRA V. MATTIHALLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question proceedings in C.C.No.65/2023, pending before the II Additional Senior Civil Judge and JMFC, Davanagere, for the offences under Ss. 498A, 504, 323, 354, 114 r/w. 34 of the IPC and Ss. 3, 4 and 6 of the Dowry Prohibition Act, 1961. The petitioners are husband and his family members.

(2.) Learned counsel for the petitioners and respondent No.2 in unison submit that during the pendency of these proceedings, petitioner No.1 - husband and respondent No.2 - wife were before the Family Court in M.C.No.2542/2023 seeking divorce on mutual consent by drawing certain terms and conditions of such annulment of marriage. The Family Court has disposed the petition in M.C.No.2542/2023 on 19/4/2023 and the couple have parted their ways and fulfilled the conditions. A copy of the memorandum of settlement and a joint memo duly signed by the petitioners and respondent No.2, is filed before this Court to that effect.

(3.) The memorandum of settlement under Sec. 89 of CPC r/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, reads as follows: