Compromise between husband and wife in criminal cases before sessions

557 votes

although compromise leads to closure of the criminal case, it is not automatically treated as a clean or honourable acquittal. The candidate must disclose the case truthfully, and the appointing authority will decide suitability based on the facts and nature of allegations. contact me

Advocate Madhvi Chopra LawRato

994 votes

As an FIR has been registered, you'll need to move to the High Court to quash the FIR. A settlement or compromise won't automatically clear the husband's record. For further help kindly contact. And exactly at what point do you wish to peruse the judgement for?

Advocate Manya Goel LawRato

909 votes

A compromise between husband and wife in a case under Sections 498A and 313 IPC can be recorded before the Sessions Court, and the court may acquit the husband based on the settlement; however, such an acquittal is generally not considered a “clean acquittal” because it results from compromise and not from the court finding that the allegations were false or unproved after trial. In government recruitment, particularly for police or other uniformed services, such an acquittal may still be viewed adversely as it implies moral turpitude and prior involvement in a serious offence. The Supreme Court in Avtar Singh v. Union of India, (2016) 8 SCC 471, and State of M.P. v. Abhijit Singh Pawar, (2018) 18 SCC 733, has held that even if a person is acquitted on compromise or benefit of doubt, the employer can still assess suitability based on antecedents. Therefore, an acquittal on compromise is not equivalent to a clean acquittal, and the candidate’s eligibility for a government job may still be adversely affected.

Advocate Aditya Kumar LawRato