you can file petition for quashing of FIR  in Hc as it has been filed in retaliation of divorce petition filed by you 

It is a fit case for quash and you have strong evidences in your favor including merits. 

Lodging a criminal complaint with long delay without explanation seriously weakens her credibility. Courts often treat such complaints as retaliatory or afterthoughts, especially if filed after a divorce petition.
You can definitely file a quash petition before the High Court if she wasn’t even living with you at the time of alleged cruelty.
Please note that she can file even after 4 years, but you have strong grounds to quash it if it is clearly retaliatory and false.

The recent Supreme Court ruling in "Nitin Ahluwalia vs The State of Punjab" dated 18 September 2025 provides strong legal grounds for seeking quashing of your FIR under Section 498A IPC. The Court emphasized that quashing petitions under Section 482 CrPC must consider not only the FIR's allegations but also the background and circumstances of filing. In your case, key factors strongly support a quashing plea:

1. The FIR was filed 4 years after separation from your wife, showing a delayed retaliatory motive rather than immediate grievance.

2. Your divorce petition was filed 3.5 years prior to the FIR, and the divorce was ultimately granted ex-parte in November 2024, indicating legal resolution of marital issues.

3. Your wife initiated divorce proceedings in USA in 2019, signaling her intent to end the marriage independent of this FIR.

4. The FIR appears retaliatory, filed shortly after you warned her against misappropriation of joint money, demonstrating motive of harassment.

5. The prolonged absence and non-participation of your wife in your divorce case further weaken the legitimacy of the FIR.

6. She has been an NRI for 16 years, and your marriage lasted 25 years, which courts may consider relevant in appreciating the full context.

Supreme Court precedent and guidelines clearly establish that FIRs filed as retaliation or to intimidate must be examined carefully and quashed to prevent misuse of criminal law. The Court found similar FIRs filed after adverse foreign court orders and divorce decrees to be abuse of process, referencing the landmark "State of Haryana v. Bhajan Lal" for quashing false or vexatious FIRs.

Given these facts, you can file an application to the Delhi High Court seeking quashing of the FIR on grounds that:

• It is a retaliatory complaint aimed at intimidation and harassment.

• It was filed after significant delays and post-divorce decree.

• FIR contents lack credibility considering your wife's simultaneous foreign divorce proceedings.

• Continuing the criminal case serves no public interest and is an abuse of process of law.

The Supreme Court in "Nitin Ahluwalia vs The State of Punjab" cautioned lower courts to avoid a mechanical approach dismissing quashing petitions merely based on FIR content and stressed judicial scrutiny of background circumstances, which strongly favors your case.

Therefore, an application for quashing under Section 482 CrPC citing these grounds and the Supreme Court's ruling is well-founded and has good prospects of success in protecting you from prolonged legal harassment.

You may file a petition under Section 482 CrPC before the Delhi High Court seeking quashing of the FIR if you can show that the 498A case is malicious or filed as retaliation. The judgment you cited may help, but quashing depends on facts, evidence, and whether the allegations disclose a prima facie offence. Ex-parte divorce order will help you in HC

Yes, excellent prospects for quashing based on the Supreme Court's September 18, 2025 ruling in Nitin Ahluwalia vs State of Punjab.

Key Supreme Court Ruling

The Court quashed 498A FIR filed 3 years after separation, calling it a "counterblast" and "abuse of process" under Bhajan Lal Parameter 7. The Court held that High Courts must examine background circumstances, not just FIR contents mechanically.

Your Case - Even Stronger Than Precedent

4 years separation vs 3 years in Nitin Ahluwalia.

Clear retaliation: Filed within 10 days of financial dispute warning.

Wife initiated divorce first in June 2019, showing no matrimonial intent.

Ex-parte divorce already granted in November 2024.

Action Required

File Section 528 BNSS petition in Delhi High Court immediately.

Key argument: This is "vengeance" and "retaliatory filing" to settle financial scores, not genuine matrimonial complaint.

Supporting Evidence

Document timeline showing: Wife's divorce notice → separation → financial dispute → immediate 498A filing.

Ex-parte divorce decree and evidence of 12 lakh misappropriation incident.

High probability of success given clear retaliatory pattern and recent Supreme Court precedent favoring such quashing applications.

- Your given 1 to 6 grounds are sufficient to file the quash petition before the High Court. 

- Further, after passing a long period of 25 years , even she has mere chances to get relief from the trail Court as well and she cannot prove before the Court the offence of cruelty 

- Hence, you have good grounds for quashing the FIR .

Yes there are chances !! 

You may contact if you  interested  !! 

Dear Client,

Considering facts that your wife had initiated separation in 2019, you had filed for divorce much earlier than the FIR, she had filed the 498A only in 2022–23 after 3.5–4 years of separation and soon after your ultimatum regarding the joint account money, and you already possess an ex-parte divorce decree on the grounds of cruelty, a good case can be made before the Delhi High Court that the FIR is vindictive, retaliatory, and an abuse of process, particularly keeping in view the Supreme Court's recent decision in Nitin Ahluwalia v. State of Punjab (Sept 2025) stressing quashing of tardy and vindictive 498A complaints; while the High Court shall not go into the merits of the allegations in depth, it can quash the proceedings if satisfied that the complaint is frivolous and motivated to harass, so the move to file a quash petition under Section 482 CrPC is a viable strategy, although success will depend on establishing by documents the chronology, delay, retaliatory intent, and your already realized divorce.

I hope this answer helps. For any further queries, please do not hesitate to contact us, Thank you.

Based on the facts you have provided, there is a strong legal basis to file an application under Section 482 CrPC or Section 561A CrPC to quash the FIR lodged under Section 498A IPC. Here is the analysis:

1. Legal Principles from Recent Supreme Court Ruling

• In Nitin Ahluwalia vs The State of Punjab (18 September 2025), the Supreme Court clarified that:

  • 498A FIRs filed after a substantial delay, especially post-separation, may be quashed if prima facie it appears to be filed with malicious intent, to harass or intimidate the accused.

  • The Court emphasized that retaliatory or vindictive FIRs filed to exert pressure are an abuse of the legal process.

  • Courts can exercise inherent powers under Section 482 CrPC to prevent misuse of the law, protect family members from harassment, and avoid prolonged litigation when no tangible merit exists in the complaint.

2. Your Case: Key Factors Supporting Quashment

1. Temporal Gap: FIR filed in Nov 2022, almost 4 years after separation (July 2019).

2. Retaliatory Motive: FIR lodged within 10 days of your warning regarding misappropriated Rs. 12 lakh, indicating clear retaliation.

3. Divorce Proceedings:

   • Divorce filed by you in Dec 2019; she actively participated only in Dec 2022 mediation.

   • Ex-parte decree granted in Nov 2024 for cruelty.

4. NRI Status & Past Initiatives: She initiated divorce proceedings in the USA (June 2022) while being NRI for 16 years.

5. Purpose of FIR: Appears aimed solely at harassment of you and your relatives, rather than protecting marital rights.

These factors directly align with the principles recognized in the Supreme Court judgment for quashing frivolous or malicious 498A FIRs.

3. Procedure to Quash FIR

1. Jurisdiction: You can file the quash petition before the High Court having territorial jurisdiction over the police station where FIR was lodged (Delhi High Court, if FIR lodged in Delhi).

2. Section 482 CrPC Application:

   • Emphasize malicious intent, retaliation, and absence of marital cohabitation at the time of alleged offences.

   • Provide evidence:

     • Divorce filings and ex-parte decree.

     • Timeline of separation and communication about the Rs. 12 lakh.

     • NRI status and intent to intimidate.

3. Interim Relief: You may request stay on investigation and prevent harassment of relatives until the petition is heard.

4. Supporting Case Law and Precedent

• Supreme Court, Nitin Ahluwalia vs The State of Punjab (2025) – quash FIRs filed post-separation for intimidation.

• Sushil Kumar Sharma vs Union of India (2010) – misuse of 498A can be checked to prevent harassment.

• Arnesh Kumar vs State of Bihar (2014) – courts should scrutinize 498A FIRs before prolonged investigation to prevent undue harassment.

5. Practical Advice

• File quash petition promptly, with detailed chronology and evidence of retaliation.

• Avoid discussing allegations publicly; maintain record of all communications.

• Coordinate with your lawyer to attach all relevant supporting documents, including divorce decree and proof of warning regarding money misappropriation.

• Courts increasingly exercise judicial restraint in preventing misuse of Section 498A, particularly in post-separation or ex-parte divorce cases.

Conclusion:

Yes, you have strong grounds to request the High Court to quash the FIR, given:

• Retaliatory motive,

• Substantial delay post-separation,

• Divorce already granted, and

• Alleged harassment of relatives.

A well-drafted Section 482 CrPC petition, citing Nitin Ahluwalia and prior Supreme Court precedents, is likely to be entertained favorably.

Best regards,
Advocate Aman Verma
Legal Corridor

On the facts narrated, you do have a strong case for seeking quashing of the FIR under Section 482 CrPC before the Hon’ble High Court.

1. Delay in Lodging FIR

Your wife filed the FIR in November 2022–April 2023, nearly 4 years after separation (July 2019) and more than 3.5 years after you filed divorce proceedings. Courts have consistently held that unexplained delay in filing a 498A complaint creates serious doubt about its genuineness (Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667).

1. Retaliatory Nature of Complaint

The timing of the FIR — immediately after your warning regarding misappropriation of ₹12 lakhs — suggests clear mala fides. The Supreme Court has repeatedly recognised that criminal law cannot be used as an instrument of retaliation (Bhajan Lal case, 1992 Supp (1) SCC 335). The recent judgment in Nitin Ahluwalia v. State of Punjab, 18 Sept 2025, reinforces that where 498A proceedings are filed as a counterblast to civil or financial disputes, the FIR deserves to be quashed to prevent abuse of process.

1. Parallel Matrimonial Proceedings

• You had already sought divorce in December 2019.
• She participated briefly in mediation (Dec 2022), but never contested and ultimately allowed you an ex parte divorce decree (Nov 2024).
• She also initiated parallel divorce proceedings abroad.
  This sequence shows she was already treating the marriage as dissolved, and the criminal proceedings are a collateral pressure tactic.

1. Legal Grounds for Quashing

You can rely on the following principles:

• 
  State of Haryana v. Bhajan Lal (1992): FIR can be quashed if manifestly attended with mala fide and instituted to wreak vengeance.
• 
  Geeta Mehrotra v. State of U.P. (2012) 10 SCC 741: Courts should not allow 498A to be misused as a weapon to settle scores.
• 
  Nitin Ahluwalia v. State of Punjab (2025): Fresh precedent where the Supreme Court quashed a 498A FIR filed after years of matrimonial discord as a retaliatory act.

1. Strategy Before High Court

• File a petition under Section 482 CrPC in the Delhi High Court.
• Emphasise the delay, retaliatory conduct, prior divorce decree, and her status as NRI (showing limited proximity to the alleged acts).
• Annex supporting documents: copy of divorce petition, decree, timeline of separation, her divorce notice (2019), record of joint account dispute, and FIR copy.
• Argue that even if allegations are taken at face value, they do not disclose cruelty within the meaning of Section 498A IPC, but are purely a civil/financial dispute.

1. Conclusion

On balance, your case falls squarely within the categories recognised by the Supreme Court where quashing is appropriate. The facts point to clear misuse of criminal law to intimidate and harass, rather than to punish genuine cruelty.

⚖️ Therefore, you have strong legal grounds to approach the High Court for quashing of the FIR under Section 482 CrPC.