The Punjab and Haryana High Court has rejected the FIR lodged against a person by his ex -wife’s father. The court said that the process of law is misused by the law and any of it is misused by the divorce and mutual agreement.
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Justice Jasgurpreet Singh Puri said in the judgment that the dispute between the husband and wife was resolved by mutual consent and divorced, so it is no longer right to run criminal action against the husband.
The case was revealed during the petition filed under Section 482 of the CRPC, in which the husband demanded the cancellation of the FIR lodged under Section 498-A (dowry harassment) and 406 (betrayal) of the IPC.
Punjab and Haryana High Court.
Married in 2015
In this case, the husband and wife were married on 22 December 2015. On 1 February 2016, a divorce application was filed in the US, after which divorced by mutual consent in August 2019. There was a written agreement between the two on property, children, jewelry, bank accounts and other financial matters, which were also included in the degree of divorce.
But despite this, the woman’s father lodged an FIR in India on 14 February 2020, in which allegations of dowry demand and return of Stree Dhan. The court found that the FIR neither mentioned any divorce nor any information about the agreement, which is clear that it is misuse of the process of law.
Abuse of law process is reported
The court commented that it is one of the cases where often the husband as well as her parents and relatives are dragged in the case without solid basis, which is misuse of the process of law.
Justice Puri said that all the concerned parties- husband, wife and their parents are citizens of America and are living there. The agreement was also reached in the US and was made part of the divorce order.
Finally, the court concluded that all disputes had resolved, and the divorce decree has been finalized. In such a situation, the FIR lodged under sections 498-A and 406 of the IPC was canceled.
