ANURAG VIJAYKUMAR GOEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner seeks quashing of criminal proceedings bearing C.C. No. 1336/PW/2018 pending before the Metropolitan Magistrate, 15 th Court at Sewree, Mumbai, arising out of C. R. No. 63 of 2018 dated 19 th April 2018 registered with the Kalachowki Police Station, Mumbai for the offences punishable under Ss. 498-A and 406 read with 34 of the Indian Penal Code, 1860 ("IPC").

(2.) The issue for determination in the present proceedings is, whether withdrawing consent to a mutual divorce as contemplated under the provision of Sec. 13B(2) of the Hindu Marriage Act, 1955 ("HMA"), amounts to abuse of process of law, sufficient to justify quashing of the criminal proceedings impugned herein.

(3.) The proceedings between the parties have a checkered history. It began with a Petition for divorce bearing HMA No. 669 of 2022, filed by the Petitioner herein against the Respondent No. 2 in the Family Court, Saket, New Delhi. Pursuant to a reference to mediation, a Settlement Agreement was executed. In terms of the Settlement Agreement, the parties had filed a First Motion under Sec. 13B(1) of the HMA before the Family Court, Saket, New Delhi and the Court recorded the statements of the parties. By an Order dated 14 th September 2022, the Family Court allowed the First Motion and also recorded an advise to the parties to reflect on their motion and make efforts to save their marriage as per the intent of Sec. 13B provision. Liberty was given to the parties to approach the Court with the Second Motion as contemplated under Sec. 13B(2) of the HMA, if they were determined to dissolve their marriage by a Decree of Divorce.