Quashing of FIR under 498A is permissible on the basis of settlement before Mediator
This Court in Ruchi Agarwal vs. Amit Kumar Agrawal & Ors.[2004 (8) Supreme 525], in almost a similar situation has quashed a criminal proceeding against the husband, stating :
"Therefore, we are of the opinion that the appellant having received the relief she wanted without contest on the basis of the terms of the compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filed by the wife only to harass the respondents.
8. In view of the above said subsequent events and the conduct of the appellant, it would be an abuse of the process of the court if the criminal proceedings from which this appeal arises is allowed to continue"
In view of the conduct of the First Respondent in entering into the aforementioned settlement, the continuance of the criminal proceeding pending against the Appellants, in our opinion, in this case also, would be an abuse of the process of the court.
Supreme Court of India
Mohd. Shamim & Ors vs Smt. Nahid Begum & Anr on 7 January, 2005
Bench: N Hegde, S Sinha
https://www.lawweb.in/2013/07/quashing-of-fir-under-498a-is.html
