HC dismisses 22-year-old FIR after US-based businessman pays ₹5 cr as maintenance

MUMBAI: The Bombay High Court recently dismissed a 498A (marital cruelty) case filed at Navghar police station in Mulund against a Houston-based businessman. The 44-year-old businessman settled the matter through payment ₹5 crore as permanent maintenance for his estranged wife two decades ago.

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In November last year, the businessman sought quashing of the FIR registered in 2001 on the basis of a complaint registered by the Navghar police in Mulund at the behest of his estranged wife. Police had booked the businessman, his family members and close relatives under Sections 498A (cruelty to a woman by her husband or his relatives), 406 (criminal breach of trust), 354 (outrageous modesty towards a woman) and 34 (common intention) of the Indian Code Penal Code, 1890 and Section 3 (Giving or receiving dowry) of the Dowry Prohibition Act, 1961. Two years later, a circular and a Red Corner Notice were issued against the US citizen based on the FIR.

While his petition was pending, the businessman and his estranged wife, a lawyer by profession, reached an amicable settlement. They submitted a consent form in which the husband agreed to pay ₹5 crore for maintenance and expenses and the woman agreed to drop the criminal case. The woman also withdrew another application filed with the family court.

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The bench of Justice Revati Mohite Dere and Justice Gauri Godse said, “From the above consent records, it is clear that the parties have resolved their dispute amicably and have decided to put all disputes to rest.” The court quashed the FIR registered 22 years ago and allowed the woman to withdraw the deposited amount ₹5 crore with the Supreme Court Registry in March and April along with accrued interest.

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