Compromise in matrimonial dispute

Question

My wife has filed three cases against my family members in different sections of IPC and me as well as under the Domestic Violence Act. She has filed a divorce case against me in district Ajmer to mount pressure upon me. In the meantime, I have filed a petition for restitution of conjugal rights before the family court Jaipur.

Thereupon she filed a criminal case under section 498-A/323/506/377/511 IPC before session court Rohini, New Delhi and maintenance case under section 125 crpc before the Magistrate court Ajmer. We have concluded that we should settle our disputes out of the court. Hence, our differences have resolved. Finally, I want to know what procedure I should adapt to decide these cases?

Question asked on 31/03/2017

Answered by: Advocate Shivendra

As far as your case is concerned, you have reached the stage of compromise therefore ready to settle all the pending litigations. You should convince your wife to withdraw all the lawsuits she filed. She can withdraw those petitions by stating that a mutual settlement is in process.  

Law provides an opportunity of amicable settlement out of the court. Thereafrer withdraws the litigation on the ground of compromise. When she decides to take away all these cases, then you should file a petition before the supreme court under section 406 of the code of criminal procedure for transfer of all cases at one place.

After that, you should prepare a compromise deed and file a divorce suit under section 13-B of the Hindu Marriage Act, i.e. divorce by mutual consent. By that compromise deed, you may file a petition before the High Court under section 482 of the code of criminal procedure for quashing of the criminal case. 

In B. S. Joshi vs State of Haryana (2003) SCC 675; the supreme court holds that when parties to the marriage have reached a compromise, then criminal case filed by them shall be quashed.

Yogendra Yadav v. State of Jharkhand, (2014) 9 SCC 653;  the High Court can quash criminal proceeding under section 482 of the code of criminal procedure in case parties have amicably settled their dispute and victim has no objection.

A divorce case is maintainable even after quashing of a criminal case. And the court may grant divorce by mutual consent by that compromise deed. 

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Shivendra Pratap Singh

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