Supreme Court Quashes Criminal Case Against Husband and In-Laws Following Mutual Divorce.


12-August-2025 Mutual Divorce in India >> Divorce Laws in India  

In a significant judgment of Navneesh Aggarwal & Others v/s State of Haryana & Another, the Supreme Court of India has set aside a criminal case filed against a man, his father, and his mother by his estranged wife, citing a mutual settlement and a final divorce decree. The Court, exercising its extraordinary powers under Article 142 of the Constitution, found that continuing the criminal proceedings would be futile and an abuse of the legal process.

The case involves a couple who were married in March 2018. The marriage lasted for about ten months before the wife, along with her daughter from a previous marriage, left the matrimonial home. Following their separation, the wife filed a First Information Report (FIR) in May 2019, accusing her husband and his parents of various offenses, including cruelty, criminal breach of trust, and criminal intimidation under Sections 323, 406, 498-A, and 506 of the Indian Penal Code.


 

 

The couple, however, managed to resolve their differences and were granted a divorce by mutual consent in January 2024. As part of their settlement, the wife agreed to withdraw all pending cases against her ex-husband and his family. The husband and his parents then approached the High Court of Punjab and Haryana to quash the FIR, an application the High Court dismissed. The High Court's decision was based on its finding that certain allegations, particularly those concerning the victimization of the child, were sufficiently substantiated.

The appellants then appealed the High Court's decision to the Supreme Court. The Supreme Court heard arguments from both sides, noting that the wife herself had no objection to the criminal proceedings being quashed.

In its analysis, the Supreme Court drew on several of its past judgments, reinforcing its stance on matrimonial disputes that have reached an amicable conclusion. The Court reiterated that a "recurring tendency to implicate every member of the husband's family" exists in such cases, and that criminal law should not be used as a tool for harassment. It emphasized that where a marriage has ended in a divorce and the parties have moved on, continuing criminal prosecution serves no legitimate purpose.

The Court cited precedents where it had previously quashed criminal proceedings in cases of matrimonial discord after a divorce, invoking its powers to "do complete justice." It highlighted that a criminal trial, in these circumstances, would only prolong bitterness and burden the justice system with a dispute that is no longer "live."

The Court, therefore, allowed the appeal and quashed the FIR and all subsequent criminal proceedings against the husband, father-in-law, and mother-in-law. It concluded that since the wife no longer intended to pursue the case and a full settlement had been reached, the continuation of the proceedings would be "an instance of harassment" and would serve "no fruitful purpose."


Section 323., Indian Penal Code - 1860     

Section 406., Indian Penal Code - 1860     

Section 498A., Indian Penal Code - 1860     

Section 506., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Code of Criminal Procedure, 1973