Filing Dowry Harassment Case After Dissolution Of Marriage & Settlement Amounts To Abuse Of Process Of Law: P&H High Court

The Punjab and Haryana High Court has quashed an FIR filed by former in-laws of a man citing it as an abuse of the legal process. The court observed that the dowry harassment case, lodged seven months after the couple's divorce and mutual settlement, lacked merit and appeared to be a misuse of the law.

Justice Jasgurpreet Singh Puri opined, "that lodging of the present FIR after about 7 months of the dissolution of marriage in USA will be nothing but pure abuse of process of law."

The Court also noted that matrimonial dispute was settled between husband and wife with her consent which culminated into divorce and therefore, there is "no justification as to why the prosecution against the husband should also continue."

The Court was hearing a plea of husband filed under Section 482 of the Code of Criminal Procedure for quashing of FIR, under Sections 498-A and 406 of IPC.

Facts In Brief

The FIR in question under Sections 498-A and 406 of IPC was registered on February 14, 2020. The couple had married on December 22, 2015 in India, but soon after, on February 1, 2016, a petition for the dissolution of marriage was filed in the United States of America, where both the husband and wife—as well as their respective parents—are residents and citizens.

During the legal proceedings in the U.S., the couple reached a comprehensive settlement. The agreement clearly stated that all disputes concerning children, real property, vehicles, bank and retirement accounts, household furnishings, credit card or other debts, various insurances, taxes, and support obligations had been fully resolved. 

It was after about 7 months of the dissolution of marriage that the father of the wife lodged the present FIR in India by levelling usual allegations pertaining to demand of dowry, Istridhan etc. without mentioning the factum of dissolution of marriage and amicable settlement which has been reduced in the form of writing and being a part of the Decree of Divorce in USA which took place much prior to the lodging of the present FIR.

After analysing the submissions, the Court noted that the law with regard to quashing of the FIR in such like cases where in the matrimonial dispute such FIR being lodged by roping in the parents-in-law and other relatives and also by making allegations which amount to the abuse of the process of law.

Justice Puri highlighted that the husband, his parents, wife and her father are the residents and citizens of USA where the matter was settled between the parties and also reduced in the form of writing which ultimately culminated into the dissolution of marriage.

Perusing the records, the Court noted that, "entire dispute has been settled between the parties but the same was not disclosed by the complainant at the time of the lodging of the present FIR and usual allegations of entrustment of articles of Istridhan were levelled against the petitioners."

Not only this, a perusal of the settlement would show that even all the articles of Istridhan pertaining to gold items etc. were also settled between the parties and the decree of divorce attained finality, it added.

In the light of the above, the Court quashed the FIR lodged under Sections 498-A and 406 of IPC.

Mr. Sukhandeep Singh, Advocate for the petitioners (in both cases).

Mr. G.S. Bhullar, AAG, Punjab.

Mr. Vipul Aggarwal, Senior Panel Counsel, for Union of India.

Title: SXXXX v.  State of Punjab

Citation: 2025 LiveLaw (PH) 302