Section 498A IPC with Punjab and Haryana High Court 

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Punjab and Haryana High Court slaps ₹1 lakh costs on woman for not cooperating to quash Section 498A case

Bar & Bench

Published:14th Sep, 2024 at 10:50 AM

The Punjab and Haryana High Court recently imposed a cost of ₹1 lakh on a woman who failed to give her no objection for quashing a case of cruelty filed by her against her husband and other in-laws.

Despite a settlement agreement between the couple, the wife failed to turn up before the High Court to have her statement recorded for quashing of the First Information Report (FIR) under various provisions of Indian Penal Code (IPC) including Section 498-A (husband or relative of husband of a woman subjecting her to cruelty).

Justice Sumeet Goel noted that the wife had already received ₹11 Lakh as full and final settlement from the husband and even a mutual divorce decree had been passed by the family court on the basis of the compromise between the couple.

“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,” the Court said.Justice Sumeet Goel

It thus observed that the continuation of the criminal proceedings would be nothing but sheer abuse of process of law and courts. Accordingly, the Court quashed the FIR dating back to August 2019.

The Court also questioned the wife’s conduct and said any attempt to misuse the process of law or courts ought to be detested.

“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. Ergo, the respondent No.2-wife deserves to be saddled with costs, which essentially ought to be in the nature of veritable real time costs,” the Court said.

It then proceeded to direct the wife to deposit ₹1 Lakh with the Chief Judicial Magistrate, Yamuna Nagar at Jagadhri within four weeks.

The costs are then to be transferred to Haryana State Legal Services Authority at Panchkula.

The High Court has previously too fined women who, despite settling their matrimonial disputes and accepting permanent alimony after divorce, had refused to cooperate in the quashing of criminal cases against their former husbands.

Advocate GS Sandhu represented the petitioners-accused.

Advocate Ankita Ahuja represented the State of Haryana.