After accepting a full and final divorce settlement in the United States, criminal proceedings agianst husband were pursued in India by the wife on the same matrimonial dispute. The Delhi High Court stepped in, but the larger question remains: how long can litigation continue after a settlement is signed and benefits are taken?
NEW DELHI: Justice Neena Bansal Krishna of the Delhi High Court quashed an FIR registered under Sections 498A, 406 and 34 IPC against a husband and his family, holding that continuing the criminal case after a full and final settlement abroad would amount to misuse of the criminal justice system.
The couple married in 2017 and later moved to the USA, where disputes began. After several complaints and court proceedings in both countries, they entered into a comprehensive settlement on 02.01.2020 and obtained a mutual divorce on the same day. The husband paid $15,000 as full and final settlement. Despite this, an FIR was registered in Delhi in December 2020.
While examining the FIR, the Court found that the allegations were vague, general and lacking specific details. The Judge observed that matrimonial disputes are essentially private in nature, and when parties have voluntarily resolved all their issues, criminal prosecution should not be used as a tool of pressure.
Justice Neena Bansal Krishna categorically held:
“Once, all the differences got settled, continuation of present FIR is nothing but an abuse of process of law.”
The Court also observed:
“The circumstances reflect that after burying the hatchet and settling all the disputes and moving on in their respective lives, the continuation of this litigation, would amount to a gross abuse of the process of law.”
Further emphasizing the conduct of the complainant, the Court stated, “She cannot be allowed to approbate and reprobate,” making it clear that a person cannot accept the financial benefit of a settlement and at the same time continue criminal proceedings on the same issues.
Referring to the settled legal position on quashing of FIRs, the Court noted that where allegations are inherently improbable, and proceedings appear to be maliciously instituted with an ulterior motive, such cases deserve to be quashed.
Holding that the dispute stood resolved and that continuation of the FIR would not serve the ends of justice, the Delhi High Court quashed the FIR and all consequential proceedings.
Explanatory Table: Laws And Sections Involved
| Law / Section | Purpose | How Applied in This Case |
| Section 498A IPC | To punish cruelty by husband or his relatives, especially linked to dowry harassment | Wife alleged cruelty; Court found allegations vague and lacking specific instances |
| Section 406 IPC | To punish criminal breach of trust, including non-return of entrusted property like stridhan | Allegation of non-return of jewellery; Court found no concrete details to sustain offence |
| Section 34 IPC | To fix joint liability when an offence is committed with common intention | Applied to implicate husband and in-laws together in the FIR |
| Section 482 Cr.P.C. | To empower High Court to quash proceedings to prevent abuse of process and secure justice | Petition was filed under this section; Court quashed FIR citing abuse of process |
| Section 12 DV Act, 2005 | To provide civil remedies for victims of domestic violence | Wife had filed DV proceedings earlier during matrimonial dispute |
| Section 41A Cr.P.C. | To issue notice for appearance before arrest during investigation | Police served notices to petitioners during FIR investigation |
| Section 91 Cr.P.C. | To summon documents during investigation or trial | Used during investigation for production of relevant documents |
Case Details
- Case Title: Petitioners vs. State of NCT of Delhi & Anr.
- Case No.: CRL.M.C. 1896/2021
- Court: High Court of Delhi at New Delhi
- Bench: Hon’ble Ms. Justice Neena Bansal Krishna
- Neutral Citation: 2026:DHC:1634
- Dates:
- Judgment Reserved On: 4th December, 2025
- Judgment Pronounced On: 24th February, 2026
- Counsels:
- For Petitioners: Mr. Shashi Shanker, Advocate
- For State: Mr. Shoaib Haider, APP, with SI Dhananjay Gupta and ASI Anil Kumar
- For Respondent No.2: Mr. Vineet Agarwal, Advocate
Key Takeaways
- A full and final settlement, once accepted with financial compensation and mutual divorce, cannot be misused later to continue criminal pressure on the same allegations.
- Vague and omnibus allegations without specific dates, incidents or proof should not be enough to drag an entire family into criminal prosecution under 498A and 406 IPC.
- Criminal law must not become a tool for leverage after matrimonial disputes are already resolved through lawful settlement.
- A person cannot take the benefit of money and divorce on one hand and simultaneously pursue criminal proceedings on the same issues.
- Safeguards against misuse of stringent matrimonial laws are essential to prevent harassment of husbands and elderly family members through prolonged litigation.
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