Court Emphasizes Bona Fide Participation in Mediation and Condemns Using Mediation as a Tactic for Delay
In a significant judgment delivered on October 12, 2026, the Karnataka High Court, presided over by Justice Suraj Govindaraj, dismissed a criminal petition filed by Sri Zabi Ulla Khan seeking to quash criminal proceedings initiated under various penal provisions, including Sections 323, 498A, 504, 506 of the Indian Penal Code (IPC) and Section 3 of the Dowry Prohibition Act. The case, pending before the 11th Additional Chief Metropolitan Magistrate Court, Mayo Hall Unit, Bengaluru, involved allegations lodged in Crime No.29/2023.
The petitioner approached the High Court under Sections 482 of the Criminal Procedure Code (Cr.P.C.) and Section 528 of the Bharatiya Nyaya Sanhita, 2023 (BNSS), praying for the calling of the Lower Court Records and quashing of the criminal case. The Court had earlier referred the matter to mediation upon consent of both parties, aiming to facilitate an amicable resolution.
Justice Govindaraj noted that although the petitioner appeared for the initial mediation session, he absented himself from the subsequent two sessions despite the respondent's presence. This conduct was found to be a deliberate attempt to misuse the mediation process merely as a procedural device to seek adjournments and delay judicial proceedings.
Highlighting the importance of bona fide participation in court-referred mediation, the Court underscored that parties consenting to mediation are duty-bound to engage sincerely and diligently. The petitioner's failure to do so was held to be an abuse of the indulgence granted by the Court and an affront to the sanctity of mediation.
The Court observed that such misuse of mediation not only wastes judicial time and the efforts of mediators but also undermines the confidence placed by the judiciary in the mediation mechanism. Consequently, the petition for quashing the criminal proceedings was dismissed on grounds of abuse of process. Additionally, all pending interlocutory applications related to the petition were also dismissed.
This judgment reinforces the judiciary's firm stance against the exploitation of mediation processes and emphasizes the necessity for genuine participation to ensure effective and timely justice.
Bottom Line:
Court-referred mediation - Party having consented to mediation is bound to participate bona fide - Absence on subsequent dates without satisfactory explanation shows misuse of mediation process to secure adjournment and delay proceedings - Petition liable to be dismissed on ground of abuse of process.
Statutory provision(s): Sections 323, 498A, 504, 506 IPC, Section 3 Dowry Prohibition Act, Section 482 Cr.P.C., Section 528 BNSS
Sri Zabi Ulla Khan v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 3002543
