Punjab and Haryana High Court Imposes ₹1 Lakh Penalty on Woman for Non Cooperation in Quashing Section 498A Case
The Punjab and Haryana High Court recently imposed a penalty of ₹1 lakh on a woman who refused to provide her no-objection for quashing a case of cruelty she had filed against her husband and in-laws.
Despite reaching a settlement with her husband, the woman failed to appear before the High Court to record her statement, which was necessary to quash the First Information Report (FIR) filed under various sections of the Indian Penal Code (IPC), including Section 498-A (cruelty by husband or relatives).
Justice Sumeet Goel observed that the woman had already received ₹11 lakh as a full and final settlement from her husband. Additionally, a mutual divorce decree had been granted by the family court based on the couple’s agreement.
“It is clear that the respondent No.2-wife has benefited fully from the compromise/settlement deed, and a divorce decree by mutual consent has already been passed,” the Court remarked.
The Court further stated that continuing the criminal proceedings would amount to an abuse of the legal process. Consequently, the FIR, which was filed in August 2019, was quashed.
The Court criticized the woman’s conduct, emphasizing that any attempt to misuse the legal process should be strongly discouraged.
“The presence of resentment or bitterness cannot be a valid reason to delay the conclusion of legal proceedings, especially when a settlement has been reached between the parties. Such attempts must be condemned. Therefore, respondent No.2-wife is rightly liable to bear costs, which should reflect real-time consequences,” the Court noted.
The Court ordered the woman to deposit ₹1 lakh with the Chief Judicial Magistrate, Yamuna Nagar at Jagadhri, within four weeks. This amount is to be transferred to the Haryana State Legal Services Authority in Panchkula.
This is not the first time the High Court has fined women who, after settling matrimonial disputes and accepting permanent alimony, refused to cooperate in quashing criminal cases against their ex-husbands.
Advocate GS Sandhu represented the petitioners-accused, while Advocate Ankita Ahuja appeared on behalf of the State of Haryana.