CRIMINAL PROCEEDINGS CAN NOT RUN AGAINST HUSBAND WHEN PARTIES HAVE ENTERED SETTLEMENT IN MATRIMONIAL


  • Added By :Tarun Thakur
  • Category : Family Law
  • Article Id : 2239
  • Added On : 22/01/2020
  • Views : 61

The Supreme Court of India in Rajiv Kumar Sharma & Anr. v. The State of Uttar Pradesh & Anr. set aside the order of High Court of Judicature at Allahabad dismissing the application filed by the husband for quashing the complaint under Sections 498-A IPC and 3/4 of The Dowry Prohibition Act filed by the wife against him under despite the fact that parties had executed a settlement deed in matrimonial proceedings. Clause 4 of the settlement deed read 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“That all the cases related to their marriage against each other shall be withdrawn unconditionally and proceedings related to marriage against one another shall be deemed to have been disposed of automatically and that both parties will be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 the marriage shall be deemed to have ended. Parties are free to marry again.”

The High Court despite this arrangement arrived at between the parties declined to quash the proceedings. Disagreeing with the High Court the Supreme Court set aside the order passed by the High Court and also quashed the complaint filed by the wife against the husband. 

The decision of the apex court will also affect the parties other than the husband and will also absolve the relatives of the husband who are often made party in the criminal case along with the husband.