સમાધાનના લખાણથી ડિવોર્સ થયા હોય,ત્યારે પત્ની પતિ વિરુદ્ધ ફોજદારી કેસ ચાલુ રાખી શકે નહીં.

રીલેટેડ પેરેગ્રાફ :

Cr.P.C.- Section – 482 

the settlement deed dated 14.7.2015, contains a specific stipulation that the parties shall get the Case Crime No. 95 of 2015, and the Divorce Suit decided by way of compromise. Having accepted the compromise, the applicant No.1 out of his bona fide in view of the acceptance of the settlement arrived at between the parties has paid a sum of Rs. 17,00,000/- to the opposite party No.2 which has been admitted by her in the written statement filed in Matrimonial Case – also accepting the benefits arising out of that settlement, the opposite party No.2 is now estopped from continuing the criminal proceedings- The compromise entered into between the parties has to be treated as an effective compromise, a full and final attempt to bring an end to all disputes. – the present criminal proceedings continued by the opposite party No.2 are in derogation of the settlement arrived at between the parties as evident from the settlement deed dated which has been acted upon by the parties.- the continuance of the present criminal proceedings at the behest of the opposite party No.2, is an abuse of the process of the Court and therefore, cannot be allowed to continue. (para-18,19)