- It was held by the Bombay High Court that, cases relating to Domestic Violence are to be quashed when parties arrive at a settlement if it involves non-compoundable offences else it would be hazardous to force a couple who want to live together, to litigate. It would be a “dis-service to the society for the protection of which the court exists”.
- A domestic violence case under 498 A of IPC filed by the wife against her husband and in-laws on a
- The applicant and the respondent were solemnized on 28.02.2017 at Aurangabad and they had a son from wedlock. The FIR stated demand of dowry from the respondent’s father and that informant was harassed and abused by all the applicants before driving her out of the home.
- Aggrieved and fed up with the ill-treatment and mental agony, the wife left her husband’s home, and gave birth to the son. The applicants stated in their application that they tried calling her back to the matrimonial home but all in vain.
- The applicants had filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 and the respondent filed a complaint against the applicants against ill-treatment by in-laws.
- The applicants argued that since the parties have come to a compromise, there serves no purpose to prolong the case any further and in the interest of justice, the proceeding should be quashed against the applicants. It was also submitted that the informant had filed an affidavit stating that both the families have resolved the issue in presence of the close relatives and agreed to continue the marriage.
- Thus the petition filed by the applicant for restitution of conjugal rights has been allowed by the Ahmedabad Family Court and in case of deference, parties would arrive at an amicable settlement.
- It was held by the Court that the interest of justice in matrimonial disputes is inclined towards retrieving the bondage of togetherness of the family. It would be unfruitful to discuss a court case that’s already been compromised.
- The interest in justice is supreme of all laws, but this does not render that there can be altercation in technicalities. If in case of disallow in compounding matrimonial offences, then it will be a disservice to society to protect the court that exists.
- In the current case, when the matter was settled by the spouses themselves with help of relatives, the possibility of conviction is remote and bleak. Continuation of such criminal cases would cause injustice to the accused when the criminal case is not quashed despite full settlement and compromise. This case is one such instance where Section 482 of CrPC can be availed to quash the FIR and further proceedings.
- Thus, the affidavit by the respondent consenting to quash FIR was taken on record and the criminal application was allowed in terms of prayer.
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