HC quashes 22-year-old FIR after US-based businessman pays ₹5cr as alimony

Bombay HC dismisses matrimonial cruelty case against a Houston businessman filed 22 years ago; businessman settles by paying ₹5 crore as alimony.

MUMBAI: The Bombay high court recently dismissed a 498A (matrimonial cruelty) case filed with the Navghar police station in Mulund against a Houston-based businessman. The 44-year-old businessman settled the matter by paying ₹5 crore as permanent alimony to his estranged wife two decades ago.

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In November last year, the businessman sought the quashing of the FIR registered in 2001 based on a complaint registered by the Navghar police in Mulund at the behest of his estranged wife. The police had booked the businessman, his family members, and close relatives under sections 498A (subjecting a woman to cruelty by her husband or his relatives), 406 (criminal breach of trust), 354 (outraging modesty of a woman), and 34 (common intention) of the Indian Penal Code, 1890 and section 3 (giving or taking dowry) of Dowry Prohibition Act, 1961. Two years later a look-out circular and a Red Corner Notice was issued against the US resident based on the FIR.

During the pendency of his petition, the businessman and his estranged wife, a lawyer by profession, reached an amicable settlement. They filed consent terms, wherein the husband agreed to pay ₹5 crore for maintenance and expenses, and the wife agreed to quash the criminal case. The woman also withdrew a miscellaneous petition filed before the family court.

The division bench of Justice Revati Mohite Dere and Justice Gauri Godse said, “From the aforesaid consent minutes, it appears that the parties have amicably settled their dispute and have decided to put a quietus to all the disputes.” The court quashed the FIR registered 22 years ago and allowed the woman to withdraw the deposited amount of ₹5 crore with the high court registry in March and April along with accrued interest.