Rancour can’t delay legal closure in marital settlements: HC

Chandigarh: The Punjab and Haryana high court has made it clear that matrimonial disputes should not be prolonged due to bitterness or rancour, especially when the parties have reached a settlement.

The HC passed the orders while imposing a cost of Rs 1.5 lakh on a woman who, despite getting a divorce from her hus band and entering a compromise to withdraw all cases or complaints against each other, refused to withdraw a dowry harassment case against the husband.

Chandigarh HighCourt Quashing Lawyers

“The conduct of the wife is inexplicable in terms of bona fide. Any attempt to misuse the process of law or courts ought to be detested. The feeling of rancour or bitterness cannot be permitted to be the genesis for procrastinating the culmination of legal proceedings, especially when a settlement or compromise has been reached between rival parties. The abhorrence of such attempts is pertinent. Ergo, the wife deserves to be saddled with costs which essentially ought to be in nature of veritablereal-time costs,” the HC observed. The HC also set aside the conviction of the husband by a Palwal court in the case and acquitted him of all charges. The wife has been ordered to deposit the cost with Palwal chief judicial magistrate and the deputy commissioner asked to ensure its recovery.

The HC in its inherent power has the discretion to quash a conviction where the parties have reached an amicable settlement, provided such compromise does not impinge upon the public interest or undermine justice, as well as substantial justice.

Justice Sumeet Goel passed the orders while allowing a revision petition filed by the hus band against the order of sentencing dated March 6, passed by additional sessions judge, Palwal, through which appeal filed by his wife was allowed and judgment dated April 23, 2018, passed by judicial magistrate, Palwal, in which the petitioner was acquitted in a dowry harassment case, was set aside. On March 6, 2020, additional sessions judge, Palwal, sentenced the husband to RI of 2.5 years and fined him Rs 41,000. During the pendency of the revision petition, the couple procured a divorce with mutual consent. The court was also told that the wife received a sum of Rs 14 lakh towards her entire maintenance or permanent ali mony from the husband.

The HC observed that when the dispute is essentially personal in nature and a genuine compromise has been reached, the HC may intervene to quash the conviction, recognising that continued proceedings would be non-productive and unjust in the given circumstances. “The inherent powers of an HC are powers which are incidental replete powers, which if did not so exist, the court would be obliged to sit still and helplessly see the process of law and courts being abused for the purposes of injus tice. In other words, such power is intrinsic to an HC, it is its very lifeblood, its very essence, its immanent attribute. Without such powers, a high court would have form but lack the substance,” Justice Goel observed.

For case specific advice, get in touch with best Criminal Quashing Matters Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.

More on 99888-17966