Continuing criminal proceedings after a mutual divorce settlement constitutes an abuse of process of law, as established in this case.

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 Petitioner No. 1/Nikunj Sanghani/Husband and Respondent No. 2/Ridhi Kundra/Wife was solemnized on 03.07.2017 in New Delhi, according to Hindu rites and rituals. Shortly thereafter, on 14.07.2017, Petitioner No. 1 returned to the USA to resume his employment. Respondent No. 2 joined him in the USA on 02.11.2018, after residing at her parental home for approximately 15 months. During her stay in India, she allegedly visited her matrimonial home in Nagpur, only twice or thrice.

4. On 17.05.2019, Petitioner No. 1 filed for Divorce in the Superior Court of New Jersey, Middlesex County. Respondent No. 2 was served the Notice on 24.05.2019. On 27.05.2019, Respondent No. 2 reported a domestic violence incident, to the US police. Upon investigation, the police identified Petitioner No. 1 as the victim; Respondent No. 2 was arrested for domestic violence, though Petitioner No. 1 ultimately did not press the charges.

5. Subsequently, on 15.08.2019, Respondent No. 2 filed another Domestic Violence Complaint, leading to a temporary Restraining Order. However, after a hearing, the US Court dismissed the Complaint on 12.09.2019, observing that the allegations were not substantiated.

6. While proceedings were pending in the USA, Respondent No. 2 initiated legal action in India. On 25.07.2019, she filed a Complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005. On 09.08.2019, she also filed a Complaint with the Crime Against Women (CAW) Cell, Kirti Nagar, alleging harassment and retention of stridhan.

7. The parties amicably resolved their disputes and entered into a Property Settlement Agreement on 02.01.2020, in New Jersey. Under this Agreement, both the parties waived all rights to alimony and discharged each other from all claims. Petitioner No. 1 paid a total sum of $15,000 (approx. Rs. 11 Lakhs) to Respondent No. 2, as a full and final settlement.

8. Consequently, on the same day i.e. 02.01.2020, a Dual Final Judgment of Divorce was passed by the Superior Court of New Jersey, dissolving the marriage and incorporated the terms of the settlement.

9. Despite the comprehensive Settlement and receipt of the settlement amount, Respondent No. 2 did not withdraw her Complaint in India. As a result, FIR No. 478/2020 for offences under Sections 498A/406/34 IPC , was registered at Police Station Kirti Nagar on 18.12.2020, nearly a year after the divorce. Notices under Section 41A Cr.P.C. were subsequently issued to the Petitioners, in July 2021.

10. The Petitioners have sought the quashing of the FIR and consequent proceedings, on the grounds that the continuation of the present criminal proceedings, is a gross abuse of the process of law. The matrimonial dispute between the parties, has already been fully and finally settled vide the Property Se