HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement

The Punjab and Haryana high court has imposed a fine of ₹one lakh on a Haryana woman for dillydallying on withdrawal of criminal proceedings against her estranged husband even after a settlement leading to divorce decree by mutual consent.

“..the conduct of respondent No.2-wife is inexplicable in terms of bonafide. Any attempt to misuse the process of law/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,” the bench of justice Sumeet Goel observed while quashing the criminal proceedings and holding that such a behaviour from the woman deserved to be saddled with a fine.

A criminal case against the estranged husband was registered in August 2019 with the allegations of unnatural sex, criminal intimidation and marital cruelty at Jagadhri police station in Yamunanagar. The marital dispute was settled between them through an agreement signed in August 2021. The husband paid a sum of ₹11 lakh to the woman, and both agreed to take back the proceedings- criminal or otherwise, wherever initiated. In March 2022, acting on the said agreement, the family court in Yamunanagar had dissolved the marriage. The husband was in court stating that he had honoured the terms and conditions of the agreement but only with a view to harass him this litigation is being prolonged by the woman.

In August 2023, the husband withdrew the petition seeking quashing of FIR as the woman submitted that he had not honoured the settlement conditions. Hence, she did not intend to withdraw the case. In the second round of litigation, filed in November 2023, he withdrew again stating that these facts would be taken up before the police.

This was now the third round of litigation by the husband initiated on January 31 this year. The woman was represented by a counsel in March. However, after that she remained unrepresented.

The state’s law officer had not disputed these facts presented by the petitioner.

The court observed that it is indubitable that woman had “reaped all benefits” from the compromise deed in question and a decree of divorce also stands passed. Hence, the continuation of proceedings in the FIR in question is nothing but “sheer abuse of process of law and courts”. “Nothing except harassment would be caused to the petitioner in case the proceedings are permitted to continue.... The court cannot be expected to turn Nelson’s eye to the vexatious and virulent attempts by unscrupulous elements in misusing the process of law in courts,” it said ordering quashing of the FIR.

While imposing cost of ₹1 lakh on the woman, it ordered that the same be deposited by her with chief judicial magistrate (CJM), Yamunanagar within four weeks, who would further remit the amount to Haryana State legal Services Authority. It further directed that in the event same is not done by her the deputy commissioner, be intimated, who shall get the amount recovered by other lawful means such as arrears of land revenue etc. The CJM has also been told to submit a compliance report also to high court.