THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.7659 OF 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., seeking quashing of further proceedings against the petitioners-A1 to A4 in C.C.No.207 of 2004 on the file of the learned Judicial Magistrate of First Class, Kuppam. 2. Heard both sides. Perused the record. 3. On a complaint given by the 2nd respondent, the police registered First Information Report in Cr.No.44 of 2003 against the petitioners for the offence under Section 498-A IPC and after due investigation, filed the charge sheet, which was taken cognizance in C.C.No.207 of 2004. 1st petitioner-A1 is the husband of the complainant. Petitioners 2 and 3 are the brothers and 4th petitioner is the mother of A1. The marriage of A1 with the complainant was performed on 12.06.1996. Subsequently, on account of certain matrimonial disputes there has been estrangement between them. It is not disputed that A1 filed M.C.No.413 of 2003 before the learned I Additional Family Judge, Bangalore for dissolution of the marriage under Section 13 (1) of the Hindu Marriage Act. It is stated that the matter was referred to mediation and a memorandum of agreement was entered into between A1 and the complainant on 31.01.2009 and in terms thereof, the marriage was dissolved. One of the terms of the compromise is that the complainant has undertaken to withdraw C.C.No.207 of 2004 on the file of the learned Judicial Magistrate of First Class, Kuppam. 4. Learned counsel for the respondent-complainant would submit that the 1st petitioner-A1 has failed to pay the maintenance of Rs.1000/- per month to the child as per the terms of the compromise. 5. Admittedly, in pursuance of the memorandum of agreement, a decree was passed in M.C.No.413 of 2003 by the learned I Additional Judge, Family Court, Bangalore in terms of the compromise. If the 1st petitioner-A1 has committed any default in payment of maintenance to the child as agreed upon under the terms of the compromise, it is open for the 2nd respondent- complainant to execute the said decree and recover the arrears of maintenance payable to the child. Continuance of further proceedings in C.C.No.207 of 2004 on the file of the learned Judicial Magistrate of First Class, Kuppam even after entering into memorandum of agreement, wherein the complainant has undertaken to withdraw the said case, is clearly abuse of process of law. As the decree was already passed dissolving the marriage between the complainant and A1 in pursuance of the compromise, it is considered a fit case where further proceedings in C.C.No.207 of 2004 on the file of the learned Judicial Magistrate of First Class, Kuppam are held liable to be quashed by invoking the inherent powers of the Court under Section 482 Cr.P.C. and they are accordingly quashed. 6. In the result, Criminal Petition is allowed. _______________________ G.V.SEETHAPATHY, J 08th December, 2011. Tsy