Observing that if the FIR was not quashed, the entire family would remain “embroiled in litigation and prosecution” which will not serve the interest of justice, the Bombay High Court (HC) quashed an FIR against a man registered by his wife in 2002 alleging domestic violence. The division bench also noted that the dispute was personal and “also does not have any ramifications on society at large”.
According to the prosecution, the couple married in Feb 2000 as per Muslim rites and customs. However, after marriage, the woman alleged harassment and ill-treatment at the hands of her husband, his parents and relatives. In 2002, the woman registered a complaint and a chargesheet was filed in this regard. The magistrate at Bandra acquitted the husband's parents and relatives, while he was shown as absconding during the trial.
Husband approached stating that he and his wife have settled the dispute amicably
The husband then filed a petition before the HC seeking quashing of the FIR stating that he and his wife have settled the dispute amicably, have four children and have been living happily together since the time the FIR was registered. The wife also supported the quashing petition.
The justices noted that the main reason for the filing of the FIR is a “matrimonial dispute” and the allegations are “personal”. The court also averred that the continuation of the prosecution would “disrupt the compromise and interfere with the restoration of peace, that nothing fruitful will come out of the prosecution in question and the parties wish to put their past behind”.
Quashing the FIR, the HC remarked: “If the FIR is not quashed, the entire family will remain embroiled in litigation and prosecution, which will not serve the interest of justice. The dispute also does not have any ramifications on Society at large.”
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