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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Nikunj Sanghani @ Nicunj Sanghani S/o Shri Rajesh V. Sanghani – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petition filed under section 482 for quashing fir (Para 1 , 2) |
| 2. overview of marriage, divorce, and settlement (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. petitioners argue against continuation of fir (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. respondent's opposition to quashing (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. court analysis of fir grounds for quashing (Para 62 , 72 , 75 , 76) |
| 6. conclusion and order to quash fir (Para 74 , 78) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The present Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking the quashing of FIR No.0478/2020 registered at Police Station Kirti Nagar, Delhi, under Sections 498A/406/34 of the Indian Penal Code ( IPC ), and all consequent proceedings emanating therefrom.
2. The Petitioners invoke the inherent powers of this Court on the ground that the matrimonial dispute between the parties has already been settled amicably by way of a Property Settlement Agreement and a subsequent Decree of Divorce granted by a Competent Court in USA, and the continuation of the present criminal proceedings, constitutes an abuse of the process of law.
3. Briefly stated, the marriage between P
Continuing criminal proceedings after a mutual divorce settlement constitutes an abuse of process of law, as established in this case.
The court emphasized the power to quash FIRs in matrimonial disputes when parties reach an amicable settlement, prioritizing justice and resolution over prosecution.
The court ruled that foreign divorce decrees are not valid if parties did not effectively submit to the foreign jurisdiction, highlighting the importance of domestic matrimonial laws.
Allegations in FIR filed post-divorce petition are retaliatory, warranting quashing of criminal proceedings under inherent jurisdiction due to abuse of process.
The High Court's power to quash FIRs is limited and should only be exercised in rare cases where allegations do not constitute a cognizable offence.
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