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“That all the cases related to their marriage against each other shall be withdrawn unconditionally and proceedings related to marriage against one another shall be deemed to have been disposed of automatically and that both parties will be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.”
thus the court observed as:
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
