Aditya Mohan Nigam & Anr vs The State Nct Of Delhi & Anr

Headnote AI-drafted · Reviewed and approved

The Petitioners, husband and father-in-law, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 467/2016 dated 18.05.2016 registered at PS Hauz Khas under Sections 498A/406/34 IPC and all consequential proceedings. The FIR arose from a complaint filed by Respondent No. 2/Kavita Nigam, wife of Petitioner No. 1, following matrimonial discord after she left the matrimonial home in April 2011. The Petitioners contended that the FIR was filed with mala fide intent to harass and extort money and property from them, and that the allegations were identical and omnibus to those raised in earlier Domestic Violence proceedings.

The background involved parallel proceedings including a Domestic Violence complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, wherein the learned Magistrate vide order dated 17.07.2020 found no act of domestic violence proved against the parents-in-law and discharged them, though granting monetary and compensatory relief against the husband. A divorce petition filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 was also pending before the Family Court, Saket. Additionally, a civil suit for possession and injunction filed by the Petitioner's parents was decreed on 01.12.2021, and the Respondent-Wife was subsequently evicted in execution proceedings.

The case raises questions regarding the exercise of jurisdiction under Article 226 read with Section 482 CrPC for quashing of FIR in matrimonial disputes, the standard for determining whether criminal proceedings constitute an abuse of process, and the effect of parallel civil and domestic violence proceedings on the continuation of criminal prosecution under Sections 498A and 406 IPC.

Catchwords: quashing of FIR · matrimonial dispute · Section 498A IPC · Section 406 IPC · cruelty · criminal breach of trust · Domestic Violence Act · abuse of process · Article 226 · Section 482 CrPC · mala fide prosecution · omnibus allegations · Hindu Marriage Act

Quashing of FIR (Section 482 CrPC / 528 BNSS) Cruelty and Section 498A IPC / 85 BNS