SRI GIRIDHAR V. NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner's counsel files a memo dated 9.1.2008 producing Mediation Agreement dated 29.10.2015 between the parties and also Order Sheet in M.C.No.3866/2015. The petitioner and counsel present before the Court. The respondent No.2 and her counsel are remained absent.

(2.) It is seen from the records that the petitioner and second respondent are husband and wife respectively. Due to the matrimonial dispute it appears respondent No.2 has filed a criminal case against the husband for the offence under Section 498A and 506 of IPC . The charge sheet has been laid against the husband in C.C.No.17873/2013. In the meantime, the husband has also filed a petition for divorce under Section 13 of the Hindu Marriage Act in M.C.No.3866/2015. Both the parties were referred to mediation and the parties have entered into a memorandum of settlement before the Mediation Centre and the memorandum of settlement was produced before the Court and after accepting the said memorandum of agreement between the parties, the Prl. Judge, Family Court, Bangalore in M.C.No.3866/2015 vide order dated 29.10.2015 accepting the compromise petition, granted the decree of divorce in favour of the petitioner. The family Court has recorded that on 29.10.2015 both the parties were present and the Court has enquired into the matter and after hearing the parties the Court was convinced that the settlement entered into between the parties was voluntary one and the parties have agreed to the terms and conditions incorporated in the memorandum of settlement. Therefore, the said settlement is valid and accepted by the judicial Court.

(3.) In the said compromise petition at paragraph 12 the respondent-wife has agreed to withdraw the case in C.C.No.17873/2013 for the above said offences and she will co-operate for quashing of the criminal proceedings in this petition before this Court.