The Madhya Pradesh High Court has fined a woman ₹1 lakh for misusing the legal system by refusing to withdraw a case against her ex-husband and his family, even after settling the matter and receiving a mutual divorce. Despite agreeing to a settlement, the woman continued pursuing a criminal case that was filed earlier.
The court noted that the woman had already received ₹50 lakh as a settlement from her former husband. The man and his family had filed petitions to dismiss a First Information Report (FIR) lodged against them in 2018 by the woman and challenged the charges framed against them by a trial court.
The family faced charges under various sections of the Indian Penal Code (IPC), including cruelty and causing a miscarriage without consent. However, after the divorce decree, the woman refused to withdraw the case, arguing that one of the charges under Section 313 (miscarriage without consent) was non-compoundable and could not be withdrawn.
The court allowed both the petitions, stating that continuing the criminal proceedings against the ex-husband after a compromise had been reached was an abuse of the legal process. The court observed that the woman’s pregnancy termination took place in 2009 in a reputed hospital through legal means, making it unreasonable to continue with the charge of causing miscarriage after 12 years.
Regarding the other charges of cruelty and abuse under Sections 498A, 323, 506, 34, and 325 of the IPC, the court described them as vague and baseless. It emphasized that after a mutual consent divorce, the woman was obligated to withdraw the charges but deliberately refused, driven by ulterior motives.
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