Published On : Tue, Jul 15th, 2025
By Nagpur Today Nagpur News

Bombay HC quashes FIR in matrimonial case, stresses need for amicable settlement

Misuse of Domestic Violence Act spoiling families: High Court’s critical observation
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Nagpur: The Bombay High Court, Nagpur Bench has quashed an FIR, charge-sheet and related criminal proceedings, which was registered under sections 498-A, 377 read with Section 34 of the IPC and sections 3 and 4 of the Dowry Prohibition Act, against husband, his two real sisters and his real maternal aunt, in a matrimonial dispute case, emphasizing the need for amicable settlements in such matters. The court observed that marital discord has become a menace in society, and minor issues can escalate into major conflicts, causing irreparable harm to families.

The court noted that laws intended to protect marital relationships, such as the Domestic Violence Act and Hindu Marriage Act, are sometimes misused, leading to prolonged litigation and harassment. Citing Article 21 of the Constitution, the court emphasized the importance of resolving matrimonial disputes promptly to protect the parties’ right to life with dignity.

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The court exercised its powers under Section 482 of the Code of Criminal Procedure to quash the FIR, chargesheet, and criminal proceedings, allowing the parties to move on with their lives. The order was passed after considering the consent affidavit filed by the informant and the decree of divorce by mutual consent.

The court’s decision highlights the importance of amicable settlements in matrimonial disputes and resolving marital conflicts or disputes between spouses in a peaceful, mutually agreeable, and harmonious manner, without resorting to lengthy or contentious legal battles. The court emphasized that a Hindu marriage is considered a sacrament and a spiritual union that binds two souls together. It is not just a social contract, but an institution of great value in Indian society. The court observed that minor issues between couples are escalating into major conflicts, threatening the sanctity of Hindu marriages, which are considered sacred and spiritual unions. The High court observed, “In such cases, the Court should support a respectful settlement to terminate all litigation between the parties while protecting their life and liberty, which is a fundamental right guaranteed by Article 21 of the Constitution of India.”

Counsels who represented husband and his relatives include Adv. Sameer P. Sonwane, Adv. Amit Thakur, Adv, Aaquid Mirza, Adv. Adv. Shiba Thakur, Adv. Abhishek Ramteke and Adv. Abhishek Tagde.

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