If wife back out after getting mutual consent divorce, still FIR would be quashed!

Ruchi Agarwal vs Amit Kumar Agrawal & Ors

Supreme Court

05/11/2004

Appeal (crl.) 1274 of 2004

About/from the judgment:

IF WIFE BACK OUT AFTER GETTING MUTUAL CONSENT DIVORCE STILL FIR WOULD BE QUASHED!

 

Learned counsel appearing for the appellant however contended that though the appellant had signed the compromise deed with the above-mentioned terms in it the same was obtained by the respondent-husband and his family under threat and coercion and in fact she did not receive lump sum maintenance and her Stridhan properties we find it extremely difficult to accept this argument in the background of the fact that pursuant to the compromise deed the respondent-husband has given her a consent divorce which she wanted thus had performed his part of the obligation under the compromise deed. Even the appellant partially performed her part of the obligations by withdrawing her criminal complaint filed under Section 125. It is true that she had made a complaint in writing to the Family Court where Section 125 CrPC proceedings were pending that the compromise deed was filed under coercion but she withdrew the same and gave a statement before the said court affirming the terms of the compromise which statement was recorded by the Family Court and the proceedings were dropped and a divorce was obtained. Therefore we are of the opinion that the appellant having received the relief she wanted without contest on the basis of the terms of the compromise we cannot now accept the argument of the learned counsel for the appellant. In our opinion the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filed by the wife only to harass the respondents.

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