Delhi High Court Quashes FIR in Alleged Fraudulent Marriage Case

Court Finds Abuse of Legal Process in FIR Against Om Saran Gupta Under Sections 498A and 406 IPC

In a significant judgment, the Delhi High Court has quashed an FIR registered against Om Saran Gupta and his sons under sections 498A, 406, and 34 of the Indian Penal Code (IPC), citing abuse of process of law. The petition, filed by Om Saran Gupta, sought the quashing of FIR No. 073/2015 dated January 22, 2015, which was registered at Vikas Puri Police Station based on allegations made by Nishi, who claimed to be his wife.

The FIR was initiated following a complaint by Nishi, who alleged cruelty and criminal breach of trust by Gupta and his sons. She claimed that her marriage to Gupta was solemnized on August 27, 2007, at Arya Samaj Mandir, Tagore Garden, while her previous marriage was still legally subsisting until August 7, 2010, when she obtained a divorce. The Family Court later declared her marriage to Gupta null and void.

The court, presided by Justice Neena Bansal Krishna, observed that the allegations in the FIR were vague and unsupported by specific evidence. The judgment highlighted that the foundation of the FIR rested on the purported marriage between Nishi and Gupta, which was declared null and void by a Family Court judgment dated May 5, 2022.

Relying on several Supreme Court decisions, including Reema Aggarwal v. Anupam, the court stated that the definition of "husband" under Section 498A IPC includes individuals who enter into marital relationships and subject the woman to cruelty, regardless of the legitimacy of the marriage. However, the court noted that the allegations in the FIR lacked the necessary ingredients to constitute an offense under Section 498A IPC, as they were vague and general without specific instances or particulars.

Regarding the allegations under Section 406 IPC, the court found that there was no evidence of entrustment or dishonest misappropriation of property by Gupta. The claims of Gupta withdrawing money from a joint account and allegedly taking jewelry worth Rs. 40 lakhs were unsupported by credible evidence or documentation. The court referenced a previous acquittal of Gupta in a case under Section 138 of the Negotiable Instruments Act related to dishonored cheques, which further negated the claims of financial misappropriation.

Highlighting the settled legal principle under Section 482 of the Criminal Procedure Code, the court emphasized that when allegations in an FIR do not disclose a prima facie case or are initiated with mala fide intent, quashing is justified to prevent abuse of legal process. The judgment underscored the importance of preventing the misuse of laws meant to protect individuals from cruelty and harassment.

The court's decision to quash the FIR and subsequent proceedings marks a notable instance of judicial scrutiny into allegations that are deemed to be maliciously instituted with an ulterior motive. This judgment serves as a reminder of the judiciary's role in safeguarding legal processes from being exploited for personal vendettas.

Bottom Line:

Quashing of FIR and subsequent proceedings under Sections 498A, 406, 34 IPC - Allegations of cruelty and criminal breach of trust not substantiated with specific evidence - FIR and proceedings found to be an abuse of process of law.

Statutory provision(s): Indian Penal Code, 1860 Sections 498A, 406, 34; Criminal Procedure Code, 1973 Section 482

Om Saran Gupta v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2803652