Punjab and Haryana High Court Imposes ₹1 Lakh Cost for Misuse of Law in Matrimonial Dispute

By Legal Wires 5 Minutes Read

In a recent judgment, the Punjab and Haryana High Court imposed a cost of ₹1 lakh on a woman for failing to provide her no objection for the quashing of a case filed by her against her husband and in-laws under Section 498-A of the Indian Penal Code (IPC). Despite the existence of a settlement agreement between the couple and the receipt of a full and final settlement by the wife, she did not appear before the Court to record her statement for quashing the First Information Report (FIR). The Court deemed the continuation of criminal proceedings as an abuse of process and highlighted that such misuse of the law must be discouraged.

Settlement Agreement and FIR Quashing:

• A settlement agreement had been reached between the couple.
• The wife had already received ₹11 lakh as full and final settlement.
• The family court had also passed a mutual divorce decree based on this compromise.
• However, the wife failed to appear before the High Court to record her statement, necessary for quashing the FIR filed under Section 498-A IPC for cruelty.

Court’s Observation on the Wife’s Conduct:

• Justice Sumeet Goel noted that the wife had already availed of all the benefits of the settlement.
• The Court observed: “It, accordingly, is indubitable that respondent No.2-wife has repeated all benefits from the compromise/settlement deed in question and a decree of divorce (by way of mutual consent) also stands passed.”
• It was further noted that the continuation of the criminal proceedings would amount to an abuse of the process of law.

Quashing of FIR:

• The Court quashed the FIR, dating back to August 2019, and questioned the conduct of the wife.
• The Court said: “The feeling of rancor or bitterness cannot be permitted to be genesis for procrastinating the culmination of legal proceedings, especially when settlement/compromise has been arrived at between the rival parties. Abhorrence of such attempt(s) is pertinent.”

Costs Imposed on the Wife:

• The Court proceeded to impose a cost of ₹1 lakh on the wife.
• The wife was directed to deposit this amount with the Chief Judicial Magistrate, Yamuna Nagar at Jagadhri within four weeks.
• The amount will subsequently be transferred to the Haryana State Legal Services Authority at Panchkula.

Past Similar Cases:

• The Punjab and Haryana High Court has previously imposed fines on women who, despite settling their matrimonial disputes and receiving permanent alimony post-divorce, refused to cooperate in quashing criminal cases against their former husbands.

Legal Representation:

• Advocate GS Sandhu appeared for the petitioners-accused.
• Advocate Ankita Ahuja represented the State of Haryana.

Source: Bar and Bench

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