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Rajat Kumar (System Analyst)     28 August 2015

Wife not withdrawing 498a/506/34

Hi ALL, is their any supreme court order where completion of mutual divorce all the creminal cases domestic violance/498a/506/34 can collapse auto matically. if wife is not withdrawing cases from her side .Please reply 

 



Learning

 4 Replies

NATARAJAN IYER (Proprietor)     28 August 2015

 

506-Part 1 or Part 2 ?? First seek clarity about that.

 

Non-Compoundable Offences ( Where compromise cannot be struck ) is the reason.

 

This will help you and you can fly free. Show this to your advocate and wife ( divorced ) and get the file moving.

 

I have given an extract and then at the end of this reply, I have given the links to the earlier incidents that would be of help in your case.

 

SCC draws a reference to the Supreme Court Cases.

 

Read each of these and the citations in the links, thoroughly without missing a word.

 

__________________________________________

The FIR also contained charges under Section 406 (criminal breach of trust) of IPC besides Sections 4 (demanding dowry) and 6 (any person who received dowry on behalf of a bride should transfer it within a year) of the Dowry Prohibition Act.

 

In both the cases before the Bench, the accused as well as the complainants had filed affidavits stating that they had entered into a compromise and hence the cases need not be precipitated though they were booked under non-compoundable offences.

 

Accepting the settlement reached between them, the Judge said that Section 320 of the Criminal Procedure Code (listing out the procedures for compounding an offence) could not affect or limit the High Court’s inherent powers to quash such proceedings.

 

He relied upon a Supreme Court judgment in B.S. Joshi versus State of Haryana (2003) wherein it was held that the duty of a court should be to encourage genuine settlement of matrimonial disputes.

 

A Bench comprising former Chief Justice of India Y.K. Sabharwal and Justice H.K. Sema had said that courts should not take hyper technical views and discourage compromise reached in matrimonial cases as it would act against the interests of women.

 

____________________________________________________________________
 

In Madhavrao Jiwajirao Scindia & Ors. v. Sambhajirao Chandrojirao Angre & Ors. [(1988) 1 SCC 692], it was held that while exercising inherent power of quashing under Section 482, it is for the High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. Where, in the opinion of the Court, chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may, while taking into consideration the special facts of a case, also quash the proceedings.

_____________________________________________________________________________

 

https://law.geekupd8.com/2013/05/Non-compoundable-offence-Parties-entering-into-compromise-High-Court-has-power-to-quash-the-prosecution-and-this-power-is-not-confined-to-matrimonial-disputes-alone.html

 

https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/court-quashes-cases-involving-noncompoundable-offences/article1344972.ece

 

CASE NO.:Appeal (crl.) 383 of 2003 PETITIONER:B.S. Joshi & Ors. RESPONDENT:State of Haryana & Anr. DATE OF JUDGMENT: 13/03/2003 BENCH:Y.K. Sabharwal & H.K. Sema. JUDGMENT

 

https://www.lawyersclubindia.com/files/46_46_case_no.pdf

 

 
https://www.kaanoon.com/133/case-related-to-ipc-section-506

Advocate Ravinder (Advocate/Attorney)     29 August 2015

There will not by any provision or judgements that automatically the cases be lapsed. Both the wife and husband has to entere into an MOU saying that the wife will withdraw all the cases filed against the husband.  If the wife expects some amount (nowadays it is normal) the husband has to pay the same.  Sort out the custody of children issue.  Inspite of the above, if the trial court does not permit for mutual consent divorce. file a petition before the High court under sec. 482 of CPC for quashing of the trial court case.  For further details contact me.

Abhu (Employee)     30 August 2015

Don't agree for mutual consent unless all other cases are taken back. Also enter clause of no future liability arising out of anything

Sudhir Kumar, Advocate (Advocate)     02 September 2015

Originally posted by : ravinder2345@gmail.com
There will not by any provision or judgements that automatically the cases be lapsed. Both the wife and husband has to entere into an MOU saying that the wife will withdraw all the cases filed against the husband.  If the wife expects some amount (nowadays it is normal) the husband has to pay the same.  Sort out the custody of children issue.  Inspite of the above, if the trial court does not permit for mutual consent divorce. file a petition before the High court under sec. 482 of CPC for quashing of the trial court case.  For further details contact me.

no other way.  Other wise divorce will happen and criminal case will continue.


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