H K LOKESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Respondent No.2 is wife of petitioner No.1. She initiated criminal proceedings against her husband and his family members by filing FIR No.546/2013 in Basaveshwara Nagar Police Station. After investigation, police have filed charge-sheet and trial is pending before the learned Magistrate.

(2.) In the year 2018, petitioner No.1 and respondent No.2 filed M.C.No.4901/2018 seeking dissolution of marriage by mutual consent. They have settled the matrimonial dispute by filing a Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 in the said proceedings. It is recorded at paragraph No.7 of the Memorandum of Settlement that respondent No.2 shall co-operate for closure of the criminal proceedings against her husband and his family members.

(3.) A joint affidavit of petitioner No.1 and respondent No.2 has been filed and it reads as follows:-