The Punjab and Haryana High Court recently fined two women who, despite having settled their matrimonial disputes and accepted permanent alimony after divorce, refused to cooperate in the quashing of criminal cases against their former husbands.
Justice Sumeet Goel emphasized that lingering bitterness should not prolong legal proceedings once a settlement has been reached between the parties.
“Such attempts must be strongly discouraged. Hence, the respondent No.2-wife deserves to bear costs, which should reflect actual, substantive costs,” the Court stated, imposing fines of ₹40,000 and ₹25,000 on the two women.
The orders were issued in two separate cases on May 1 and May 15.
In both instances, the accused had approached the Court to quash the First Information Reports (FIR) registered against them under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) and other provisions of the Indian Penal Code.
The Court was informed that the matrimonial disputes had been resolved and the agreed settlement amounts had been paid to the women.
In one case, the woman did not appear before the Court despite being notified, while in the other case, the woman’s counsel claimed that the settlement affidavit was forged.
The Court noted that both women had benefited from the settlements and that divorce decrees had been issued.
Regarding the fraud allegation, the Court stated, “Apart from a bare assertion, no substantial evidence has been presented to support the claim that the affidavit is forged. Additionally, the affidavit dated March 13, 2021, indicates that the matter had been settled regarding all the accused. It is also undisputed that respondent No.2 has not raised any plea before the concerned Family Court that the divorce decree (by mutual consent) was obtained through fraud, coercion, or misrepresentation.”
Therefore, the Court concluded that continuing the proceedings would be an abuse of the legal process.
“This Court, especially while exercising its inherent powers under Section 482 of the Cr.P.C. of 1973, cannot ignore the vexatious and malicious attempts by unscrupulous individuals to misuse the legal process,” it said, quashing the cases and imposing costs on the two women.
Last month, the Court also imposed a fine of ₹50,000 on a woman for failing to appear before the Magistrate to record her statement about the settlement of a matrimonial dispute with her former husband after accepting ₹22 lakh in alimony from him.
Advocates Palvinder Singh Sarna and Pushp Jain represented the accused.
Additional Advocate General Anup Singh represented the State of Punjab, while Deputy Advocate General Mahima Yashpal represented the State of Haryana.
Advocates Inder Singh Gahlawat and Payel Mehta represented other respondents.
