Fri. Mar 29th, 2024
Bombay High CourtIndia Legal

Synopsis: After confirming with the complainant wife that the couple were co-habiting and reached an amicable settlement, the Court quashed the FIR accusing the husband of domestic violence.

On Wednesday, the Bombay High Court quashed the FIR alleging domestic abuse by the husband after the complainant-wife voluntarily confirmed that an amicable settlement had been reached by both of them.

The Bench of Justices SS Shinde and MS Karnik also found it unnecessary for advocate AB Patil, who appeared for the wife to make any further legal submissions.

On a lighter note, Justice Karnik told Patil, “You haven’t heard of this saying, Jab Miya Biwi Raazi…?”

The complaint was filed by a husband praying that his wife’s First Information Report (FIR) accusing him of offences under Sections 498A (cruelty by husband), 324 (voluntary hurt), 377 (unnatural offences), 504, 506, 507 (criminal intimidation), 354D (stalking) of the Indian Penal Code and Sections 67, 67A (online publishing of obscene material) of the Information Technology Act to be quashed.

The Court was told that the couple were under considerable job pressure and after communicating with the wife during the video conference in order to affirm her voluntary consent to quash the FIR, the Court agreed with her submission that medical practitioners were under stress because of the continuing pandemic. The wife told them that because of some misunderstandings between the couple, the FIR and an additional domestic abuse complaint had been filed.

She told the Court that the couple had been living happily together since September 2020, and she prayed to the Court without any coercion, to quash the FIR.

Justice Shinde chimed that the court have the highest respect for doctors and know how much stress they are operating in.

The Court acceded to the appeal after it was satisfied that the wife was not in favour of the charges in the FIR and that as a result, the probability of conviction was bleak.