ORDER : 1. In this petition, the petitioner seeks the following reliefs: “i) Quash complaint dated 11.12.2023 (‘impugned complaint’) registered in PCR No.8577/2024 alleging commission of offences under Sections 302, 498A, 120B, 506, 201 of the Indian Penal Code, 1860 read with Sections 3 and 4 of Dowry Prohibition Act, and ii) Set aside the impugned order dated 28.06.2024 passed in PCR No.8577/2024 by the Hon’ble Court of the XXX Additional Chief Metropolitan Magistrate at Bengaluru (‘Court Below’). iii) Impugned First Information Report in Crime No.204/2024 (‘impugned FIR’) registered by the respondent No.1 – Kumaraswamy Police Station for the alleged offences punishable under Sections 302, 498A, 120B, 506, 201 read with Section 34 of IPC now pending on the file of XXX ACMM, Bengaluru. iv) Pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case, by allowing the instant petition, in the interests of justice and equity.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. Though respondent No.2 is served with notice, he has remained unrepresented and has not chosen to contest the petition. 4. A perusal of the material on record will indicate that respondent No.2-complainant filed a private complaint dated 11.12.2023 under Section 200 of Cr.P.C in P.C.R.No.8577/2024, which was referred for investigation on 24.06.2024 and FIR in Crime No.204/2024 was registered on 28.06.2024 for the offences punishable under Sections 302, 498A, 120B, 506, 201 read with Section 34 of IPC pending on the file of XXX Additional Chief Magistrate, Bengaluru. In the meanwhile, settlement was arrived at between petitioners and respondent No.2 in G & W.C.No.303/2024 before the Karnataka Mediation Centre, Bengaluru as per memorandum of settlement dated 29.01.2025. 5. The aforesaid Memorandum of Settlement entered into between the parties before Mediation reads as under: “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The petitioner has filed this petition against the respondent under Section 7 and 17 of the Guardian and Wards Act r/w Sec. 6 of the Hindu Minority and Guardianship Act, 1956, seeking for custody of the minor child Himank Sharma. I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. The petitioner has filed this petition against the respondent under Section 7 and 17 of the Guardian and Wards Act r/w Sec. 6 of the Hindu Minority and Guardianship Act, 1956, seeking for custody of the minor child Himank Sharma. I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions: 1. The petitioners daughter Late. Ragini N.B was given in marriage to the respondent and the marriage was solemnized on 09.03.2014 at Shravanthi Kalyanamantapa at Gubbalala, Bengaluru. Subsequent to the marriage the Late Ragini N. Bstarted residing at her matrimonial home situated at No.68/3, III Cross, DSC Road, Sarakki Gate, J.P. Nagar, Bengaluru 560 078. 2. The couple respondent and Late Ragini N.B were blessed with two daughters, namely: (1) Rikita. Pborn on 13.01.2015 who is currently aged about 10 years and (2) Rajatha. P born on 12.09.2018 who is currently aged about 7 years. 3. The daughter of the petitioners and wife of the respondent passed away on 18.02.2023 by committing suicide leaving behind both her daughters under the care and custody of the respondent. 4. The petitioners herein had filed a private complaint in PCR No.8577/2024 before the 30th Additional Chief Metropolitan Magistrate Court, Bengaluru and by the order dated 08.07.2024 the Hon'ble 30th Additional Chief Metropolitan Magistrate, Bengaluru referred the matter to the Jurisdictional Police under Section 156(3) Cr.P.C and based on the said order the Kumaraswamy Layout Police Station registered the case in Crime No.204/2024 against Prakash (A1), Sujatha (A2), Pradeep (A3), Shwetha (A4), Munimadaiah (A5), Puttamma (A6), Jayaram (A7), Ravi (A8), Sumithra (A9), Sheryanka (A10), Rajappa (A11). The Parties herein undertakes to co-ordinate to withdraw/quash the criminal proceedings as mentioned supra. 5. The petitioners has filed this petition for the permanent custody and guardianship of the children under the Guardians and Wards Act which came to be numbered as G and WC No.303/2024 before the Hon'ble V Additional Family Judge, at Bengaluru. 6. The Parties herein undertakes to co-ordinate to withdraw/quash the criminal proceedings as mentioned supra. 5. The petitioners has filed this petition for the permanent custody and guardianship of the children under the Guardians and Wards Act which came to be numbered as G and WC No.303/2024 before the Hon'ble V Additional Family Judge, at Bengaluru. 6. The family members and well-wishers of both families have intervened in the matter and the Parties to this settlement have agreed to amicably settle the disputes between them and accordingly the parties of have mutually agreed to amicably settle the dispute on following terms and conditions: i. It is mutually agreed that the respondent who is the father of the minor children shall retain the permanent custody of the minor children namely: Rikita. P and Rajata P. ii. The parties have mutually agreed that the petitioners shall exercise their visitation rights by visiting the children giving prior intimation to the respondent. iii. The respondent shall drop the children on every Second and Fourth Saturday and pick-up the children on he following Sunday every month, to enable the petitioners to spend quality time with their grand-children. iv. It is mutually agreed between the parties that the petitioners shall be entitled to 50% (fifty percent) of the major vacations such as Summer vacations, Dasara vacations and winter vacations and the parties of the respondent have no objection to the same. During this time, the minor children shall spend first half of the vacations with the grand-parents and the second half of the vacation shall be spent with the respondent. v. It is further agreed that the respondent shall allow the minor children to celebrate their birthday at the residence of petitioners at least once in three years, depending on the convenience of the children. vi. It is further agreed between the parties that the petitioners are entitled to make video calls or normal calls to stay connected with their grandchildren. vii. It is also mutually agreed that the respondent shall facilitate the visitations to the elder brother of his late wife after the demise of the petitioners. viii. The respondent shall take complete responsibility in taking good care of the minor children by providing good education and all other expenses relating to the minor children including their marriage expenses. vii. It is also mutually agreed that the respondent shall facilitate the visitations to the elder brother of his late wife after the demise of the petitioners. viii. The respondent shall take complete responsibility in taking good care of the minor children by providing good education and all other expenses relating to the minor children including their marriage expenses. It is further agreed that the minor children shall be provided with all facilities required for the overall physical and mental well-being of the minor children. ix. In order to secure the two children financially both parties have mutually agreed to set aside the following assets of the respondent and of the petitioners shall be held as legal guardians to safeguard the following properties till the children attains the age of majority and thereafter to handover the properties to the children. It is further agreed between the parties that on the children attaining majority all the properties mentioned herein below shall be transferred to the minor children and the parties shall ensure that the title deeds are mutated in the name of the children. It is further agreed that between the parties that to secure the children, the parties shall execute Gift Deeds or Release Deeds in respect of the properties intended to be given to the children and all such Deeds executed by the parties shall be irrevocable and unconditional. 7. The Details of the properties intended to be given by the petitioners in favour of the minor children are detailed hereunder:- (i) As per the mutual understanding between the parties, Mr. Pradeep has sold agricultural land bearing Survey No. 67/7 (old Survey No. 67/1) measuring 37 guntas situated at Bhuhalli Village, Sathanuru Hobli, Kanakpura Taluk, Ramanagar District, Podi No.67/1 East by: Sy.No.66 Prasanna Babu Property, West by: Road, North by: Road and South by: Channagirigouad Site in favour of the minor children represented by natural guardian i.e., respondent (Prakash M) through a registered sale deed dated 02.12.2024 registered as document No. KNK-1-11634-2024- 25, book No. 1 saved in the centralized server at the Office of the Sub-Registrar of Ramanagar (Kanakapura). (ii) The respondent and family members jointly owned residential property situated at Jaraganahalli Village, UttarahalliHobli, Bengaluru South Taluk, No. 1 and 22 House -List, Site No. 378, presently in BBMP Ward No.180, 2nd Cross Road, Gangadharanagar, having EPID No. 172314181636 measuring East to West: 30 Feet and North to South: 23 Feet, Total 690 Sq.ft, East by Site No.22; West by Site No.6 North by Private Property and South by 22 Feet Road. The said Schedule Property was released by Smt. Sujatha and Sri. Pradeep M in favour of the respondent i.e., Prakash M through a registered Release Deed dated 09.01.2025 bearing Document No. BSK-1-11968-2024-25, Book No.1, saved in the centralised server of the Office of the Sub-Registrar, Basavanagudi (Banashankari), bengaluru, it is further agreed between the parties that the respondent will gift the above Schedule Property in favour of the minor children through a registered gift deed after the khata from the concerned revenue department. (iii) Late Ragini N.B owned the below mentioned property and post the demise of Ragini N.B the respondent being the husband of Late Ragini N.B shall release his right over the property bearing Khata No. 119, Site No.3, situated at Aagara Village, Kengeri Hobli, Bangalore, measuring East to West 30 ft, North to South 40 ft, Total measuring 1,200 Sq.ft bounded on the East by: Site No.4, West by: Site No.2, North by: Road, South by: Sanjeevappa and Munihanumanthaiah. It is further agreed between the parties that the respondent will execute a gift deed in respect of the above Schedule Property in favour of the minor children through a registered gift deed after obtaining the khata from the concerned revenue department. 8. The Details of the properties intended to be given by the petitioners in favour of the minor children are detailed hereunder:- (i) The parties have mutually agreed that the Property bearing No.40-50-32 situated at 1 Block, Behind Adarsh Convent, Ward No.3, Malavalli Taluk; and Property bearing Survey No.102/3 and 102 Nettakalu Village, measuring 3 guntas which were bequeathed by the petitioners in favour of his daughter the late N.B. Ragini, shall be utilized by the minor children. (ii) The property situated at Mysore is the ancestral property belonging to the petitioners herein. The daughter late N.B. Ragini is entitled to a share in the said property measuring to an extent of 1.0 acre. (ii) The property situated at Mysore is the ancestral property belonging to the petitioners herein. The daughter late N.B. Ragini is entitled to a share in the said property measuring to an extent of 1.0 acre. The said property is currently under litigation and it is mutually agreed that once the property is free from litigation, the petitioners shall transfer the said share of their daughter late N.B. Ragini in favour of their grand-children. In case the said property is sold, the sale proceeds in respect of the share entitled by their daughter, late N.B. Ragini, shall be deposited in the name of the minor children and the same shall be utilized by the minor children after their marriage. The said amount shall be in the names of the minor children by opening an account in their names and the parties. shall be the guardians in respect of the said amount. The interest derived on the amount shall be accumulated and the minor children shall be entitled to the same after their marriage. The parties cannot utilize the said amount under any circumstances as the same is exclusively kept for the welfare of the minor children. (iii) It is further mutually agreed between the parties that they shall remain as the Guardian in respect of the above- mentioned properties till the minor children attain the age of 21 years. Subsequent to attaining majority, the properties shall get transferred to the names of the now minor children, namely Ms. Rikita.P and Ms. Rajatha.P and their names shall be mutated in the Revenue Record. The said properties mentioned herein above, shall not be subjected to any kind of charge and the same shall not be alienated for any other purposes, without the knowledge and consent of the Guardians namely the parties and they shall hold the same till the minor children attain majority. (iv) It is mutually agreed that all the jewellery belonging to the daughter late N.B. Ragini, shall be kept in a separate locker in the name of the grandmother Smt.Gowramma and the same shall be given to the minor children at the time of their wedding. The parties have entered into this Memorandum of Settlement out of their own free will without any undue influence, coercion or fraud. 6. The parties have entered into this Memorandum of Settlement out of their own free will without any undue influence, coercion or fraud. 6. In view of the aforesaid facts and circumstances and the fact that the petitioners-accused Nos.1 to 11 and respondent No.2-complainant have settled the dispute and also agreed to co- operate for quashing the proceedings in Crime No.204/2024 arising out of PCR No.8577/2024 pending on the file of XXX Additional Chief Metropolitan Magistrate, Bengaluru, continuation of proceedings against the petitioners would amount to abuse of process of law and the same deserves to be quashed. 7. In the result, I pass the following: ORDER : i) The petition is hereby allowed ii) The impugned proceedings in Crime No.204/2024 (PCR No.8577/2024) pending on the file of the XXX Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned, are hereby quashed.