Cuttack: Orissa high court has underlined the need for “a pragmatic and humane approach” in disputes arising out of matrimonial relationships, considering the delicate nature of such relationships and their impact on the social fabric.Justice SK Panigrahi expressed the view in a recent judgment while quashing criminal proceedings against a husband after an estranged couple reached an amicable settlement.“Efforts ought to be made to encourage reconciliation and amicable settlement between the parties, so as to enable them to reflect upon their respective shortcomings and resolve their disputes through mutual consent,” Justice Panigrahi opined, adding, “Prolonged adversarial litigation in matrimonial matters not only aggravates bitterness between the parties but also results in unnecessary consumption of judicial time.“Considering a petition filed by the husband, Justice Panigrahi noted that the dispute, which had led to registration of a case at Udit Nagar police station in Rourkela in 2016, no longer survived in view of the reconciliation between the parties. The case involved allegations of assault and cruelty under various provisions of the IPC.The court was informed that with the intervention of family members and local elders, both sides had resolved their differences. A joint affidavit filed before the court stated that the wife now resides with her husband separately from her in-laws and has no objection to quashing of the criminal proceedings. It also asserted that the settlement was voluntary and free from any coercion.The case was registered under Sections 498-A, 323, 354, 506 and 34 of the Indian Penal Code based on allegations of physical assault and harassment made by the wife against her husband and in-laws.Observing that continuation of the case would serve no useful purpose when the complainant herself is unwilling to pursue it, Justice Panigrahi quashed the proceedings pending before a local court in Rourkela on April 9.“The aim and object of the legal system is not merely to punish the offender, but equally
HC bins criminal charges against husband after estranged couple reconciles. Bhubaneswar News
Cuttack: Orissa high court has underlined the need for “a pragmatic and humane approach” in disputes arising out of matrimonial relationships, considering the delicate nature … Read more
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