Criminal complaint cannot be lie pending after settlement between the Parties in Matrimonial Disputes
Criminal Complaint Cannot Be Lie Pending After Settlement Between The Parties In Matrimonial Disputes
THE HONORABLE SUPREME COURT OF INDIA OBESERVE THE FOLLOWING WHILE DECIDING AN APPEAL,
The brief facts are as follows:
The
complainant-respondent No.2 had filed complaint under Section 498-A IPC and 3/4
of the Dowry Prohibition Act in Police Station Sidhpura, District Kasganj. After receipt of summons of
the said proceedings, the appellant had filed application for quashing inter alia relying on the
settlement deed executed between the parties in matrimonial proceedings dated
17.07.2014. Clause 4 of the Settlement Deed reads thus:
“That all the cases related to their marriage
against each other shall be withdrawn unconditionally and proceedings related
to marriage against one another shall be deemed to have been disposed of
automatically and that both parties will be free towards one another for
marital obligations and are allowed to stay and reside separately. No transaction remains towards each other amongst parties and the parties
shall not institute any dispute or legal
proceedings towards one another related to their marriage and all rights/relations related to marriage
shall be deemed to have ended. Parties are free to marry again.”
It
is not in dispute that after the settlement, matrimonial proceedings have been
finally disposed of. The High Court despite this arrangement arrived at between
the parties, however, declined to quash the proceedings. In our opinion, the
High Court should have taken note of the fact that the parties have amicably
resolved all their differences and consciously chose to unconditionally drop
all proceedings related to marriage inter
se including the criminal action initiated by the complainant- respondent No.2
Made the Following order:
Accordingly,
in the interest of justice and additionally in exercise of powers under Article
142 of the Constitution of India,
we set aside the impugned
judgment of the High Court and also quash the Complaint
Case No.1229/2015
Delhi high Court, expertise in Matrimonial Cases
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