Case Note & Summary
The applicants, Rahul Vishwas Mahajan, his parents Vishwas Ramdas Mahajan and Vaishali Vishwas Mahajan, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of C.C. No.881/PW/2009 pending before the Additional Metropolitan Magistrate, Bandra. The case arose from FIR No. 38 of 2009 dated 10th February 2009, registered at Nirmal Nagar Police Station, Mumbai, for offences under Sections 498-A, 406, 506 read with Section 34 of the Indian Penal Code. The informant was Rupali Rahul Mahajan, the wife of applicant No.1. The parties had obtained a divorce decree from the Federal Circuit Court of Australia on 23rd December 2013. The applicants sought quashing with the consent of the informant. The High Court, by order dated 20th March 2017, had issued rule and continued interim relief, observing prima facie that continuation of criminal proceedings would be an abuse of process of law in light of the foreign divorce decree. The court, after hearing the parties, allowed the application and quashed the criminal proceedings, holding that continuation would be an abuse of process of law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process of Law - Where parties to a matrimonial dispute have obtained a divorce decree from a foreign court and the informant consents to quashing, continuation of criminal proceedings would be an abuse of process of law. (Paras 1-2)
Issue of Consideration
Whether criminal proceedings arising from a matrimonial dispute should be quashed under Section 482 CrPC when the parties have obtained a divorce decree from a foreign court and the informant consents to quashing.
Final Decision
The court allowed the application and quashed C.C. No.881/PW/2009 pending before the Additional Metropolitan Magistrate, Bandra, arising out of FIR No. 38 of 2009.
Law Points
- Section 482 CrPC
- quashing of criminal proceedings
- abuse of process of law
- matrimonial dispute
- foreign divorce decree
- consent of informant
Case Details
2025 LawText (BOM) (09) 97
Criminal Application No. 684 of 2016
A. S. Gadkari, Rajesh S. Patil
Mr. Vishwanath S. Talkute for Applicants, Smt. Savita M. Yadav for the Respondent-State, Ms. Sukeshi Bhandari a/w. Mr. Akshay Chauhan for Respondent No.2
Rahul Vishwas Mahajan, Vishwas Ramdas Mahajan, Sou. Vaishali Vishwas Mahajan
The State Of Maharashtra, Sou. Rupali Rahul Mahajan
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Nature of Litigation
Criminal application for quashing of FIR and criminal proceedings under Section 482 CrPC.
Remedy Sought
Quashing of C.C. No.881/PW/2009 pending before Additional Metropolitan Magistrate, Bandra, arising from FIR No. 38 of 2009.
Filing Reason
The applicants sought quashing on the ground that continuation of criminal proceedings would be an abuse of process of law, especially after the parties obtained a divorce decree from a foreign court and the informant consented to quashing.
Previous Decisions
By order dated 20th March 2017, the court issued rule and continued interim relief, observing prima facie that continuation would be abuse of process of law in light of the foreign divorce decree.
Issues
Whether criminal proceedings should be quashed under Section 482 CrPC when parties have obtained a foreign divorce decree and informant consents.
Submissions/Arguments
Applicants argued that continuation of proceedings would be abuse of process of law in light of the divorce decree from Federal Circuit Court of Australia dated 23rd December 2013. Respondent No.2 (informant) consented to quashing.
Ratio Decidendi
Continuation of criminal proceedings arising from a matrimonial dispute, after the parties have obtained a divorce decree from a foreign court and the informant consents to quashing, would be an abuse of process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
prima facie, it appears to us that, continuation of criminal proceeding will be abuse of process of law in the light of the Judgment and Orders (Exhibit-C and D).
Procedural History
FIR No. 38 of 2009 was registered on 10th February 2009 at Nirmal Nagar Police Station, Mumbai, leading to C.C. No.881/PW/2009 before the Additional Metropolitan Magistrate, Bandra. The applicants filed Criminal Application No. 684 of 2016 under Section 482 CrPC seeking quashing. On 20th March 2017, the court issued rule and continued interim relief. The application was finally heard and allowed on 9th September 2025.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Indian Penal Code, 1860: Section 498-A, Section 406, Section 506, Section 34
