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Matrimonial Case Should Be Quashed If Husband-Wife Have Resolved Dispute Through Compromise Deed Duly Verified By Court: Allahabad HC

Sparsh Upadhyay
9 Jun 2022 8:57 AM GMT
Allahabad High Court, Matrimonial dispute, Quashed, husband, Wife, Resolved Dispute, Compromise Deed, Duly Verified, justice Chandra Kumar Rai, 482 crpc, Gian Singh vs. State of Punjab, Narinder Singh and others V. State of Punjab, State of Madhya Pradesh vs. Laxmi Narayan,
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The Allahabad High Court has observed that matrimonial dispute between the husband and wife should be quashed when the parties have resolved their entire dispute amongst themself through a compromise deed duly filed and verified by the Court.

The Bench of Justice Chandra Kumar Rai observed thus as it quashed criminal proceedings initiated by an FIR lodged by the wife against the husband and his family members under Sections 498-A, 323 IPC, and Section 3/4 of D.P. Act

The Court ordered this as it took into account the compromise deed executed in March 2021 between both the parties, which was also duly verified and sent to the High Court along with a verification report by the lower court.

Essentially, before the Court, the applicants (husband and his family members) submitted that the proceeding of a criminal case under Sections 498-A,323 IPC, and Section ¾ of D.P. Act be quashed as parties to dispute have entered into compromise which have been verified also by courts below.

It was further submitted that applicant No.1 (Husband) and opposite party No.2 (Wife) along with their children are living together as such no useful purpose will be served to drag the proceedings further.

In view of this, the Court perused the judgments of the Apex Court in the cases of Gian Singh vs. State of Punjab and another (2012) 10 Supreme Court Cases 303, Narinder Singh and others Vs.State of Punjab and other (2014) 6 Supreme court cases 466 and State of Madhya Pradesh vs. Laxmi Narayan and others (2019) 5 Supreme court cases 688.

Further, the Court remarked thus:

"Considering the facts of the present case as well as the principle of law laid down by Hon'ble Supreme Court as mentioned above, matrimonial dispute between the husband and wife should be a quashed when the parties have resolved their entire dispute amongst themself through compromise duly filed and verified by the Court. There is another aspect of the case that F.I.R. has been lodged under Sections 498-A, 323 IPC and 3/4 D.P. Act, which will come under category specified in para No.29.4 laid down by Hon'ble Apex Court in Narinder Singh (supra) and in category specified in para No.15.1 laid down by Apex Court in State of Madhya Pradesh vs. Laxmi Narayan and others (supra) regading which proceedings relating to matrimonial dispute can be quashed in exercise of power under Section-482 Cr.P.C."

Consequently, the proceeding of cognizance order and charge sheet under Sections 498-A, 323 of IPC and 3/4 of D.P. Act in the instant case including the entire proceedings of the case were quashed.

Case title - Ram Pravesh And 3 Other v. State of U.P. and Another [APPLICATION U/S 482 No. - 650 of 2022]

Citation: 2022 LiveLaw (AB) 282

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