IMPORTANT POINT
In matrimonial disputes when parties reach settlement and agree for divorce by mutual consent, no dispute including criminal proceedings instituted during pendency of divorce cases survives. If no liberty is reserved by the wife to pursue pending cases in which the husband and his family members were acquitted, such acquittal cannot be interfered with.

JUDGMENT :

ADARSH KUMAR GOEL, J.

1. This appeal has been preferred against the Judgment and Order dated 21st November, 2006 passed by the High Court of Allahabad in Criminal Revision Case No.1159 of 2002.

2. By the impugned order, the High Court has allowed the revision petition filed by the Respondent, set aside the order dated 30th July, 2002 passed by Judicial Magistrate, Ghaziabad, in Case No.356 of 2002 and remanded the matter back to the trial Court for fresh decision in accordance with law.

3. We have heard learned counsel for the parties.

4. The question raised for our consideration is whether in exercise of revisional jurisdiction, the High Court was justified in setting aside the acquittal of the appellant, having regard to the facts and circumstances of the case.

5. The appellant and Respondent No.1 were married on 25th January, 1996. The appellant belongs to Allahabad where his parents live and the respondent belonged to Jabalpur where her parents are living. The appellant is said to be employed at Delhi in Central Government. The appellant-husband filed a divorce petition on 7th July, 1997 at Allahabad Family Court. The wife lodged First Information Report dated 4th November, 1997 at Ghaziabad making allegations of cruelty against the husband. After investigation, the husband and four of his family members were tried under Sections 498-A, 406, 506 IPC and 3/4 of the Dowry Prohibition Act before the Judicial Magistrate, Ghaziabad, in Case No.356/2002. The trial ended in acquittal of all the accused including the appellant vide Order dated 30th July, 2002.

6. The divorce petition filed by the husband was ordered to be transferred to Jabalpur at the instance of the wife. The wife also filed a divorce petition at Jabalpur. The husband filed Transfer Petition (Civil) No.150 of 2004 before this Court which was disposed of on 11th March, 2005. This Court noted that since both the parties had sought divorce, the marriage had broken down and the parties had agreed to a decree of divorce by mutual consent. Accordingly, this Court directed the Family Court, Jabalpur, to take up the matter on 4th April, 2005 without entertaining any prayer for adjournment and pass a decree of divorce. Accordingly, the Family Court, Jabalpur passed the decree of divorce on 4th April, 2005 after recording the statement of the parties that they mutually agreed to decree of divorce. The wife did not press her counter claim for maintenance. She also did not reserve liberty for any other action against the husband.

7. It may be mentioned that against the Order of the Magistrate acquitting the appellant and his family members, the Respondent-wife had preferred Criminal Revision No.1159 of 2002 before the Allahabad High Court. The husband filed affidavit dated 4th September, 2006 placing on record the order of this Court and the order of the Family Court, Jabalpur and also mentioning that after the dissolution of marriage, the wife has remarried and in view of the order of this Court and the Family Court, the revision petition ought to be dismissed.

8. The High Court, instead of dismissing the revision petition, without referring to the above developments, allowed the revision petition by the impugned order with the observation that documents Exhibit Ka2 and Ka3 showed harassment, cruelty and mental torture and the Magistrate had skipped over the facts and wrongly acquitted the appellant. Aggrieved by the said order, the appellant has approached this Court as already noticed above.

9. The appellant appearing in person submitted that the parties had taken divorce by mutual consent as per agreement reached before this Court and thereafter, the respondent was not justified in proceeding against the appellant. It was further submitted that the High Court failed to advert to the settlement between the parties and also exceeded its jurisdiction in setting aside the order of acquittal. The Magistrate in its detailed order duly appreciated the entire evidence