Bombay HC Quashes FIR In Dowry Harassment Case, Says Marriages Increasingly At Risk Due To Trivial Disputes

Mumbai: The Nagpur bench of the Bombay High Court has observed that marriages, considered sacrosanct among Hindus, are increasingly under threat due to trivial disputes between couples. The court made this observation while quashing a dowry harassment case filed by a woman against her estranged husband, his parents, and sisters.

A division bench of Justices Nitin Sambre and M.M. Nerlikar, in its order dated July 8, said that in matrimonial disputes, if reconciliation is not possible, the relationship should be brought to an end without delay to avoid ruining the lives of those involved.

The couple informed the court that they had settled their dispute and were granted a divorce by mutual consent. The woman stated she had no objection to the FIR being quashed as she wished to move on with her life.

“Marital discord has nowadays become a menace in society due to various factors. Small issues between a couple spoil their entire life and marriage, which is sacrosanct in Hindus, is at stake,” the bench remarked. “Marriages are not merely a social contract but a spiritual union that binds two souls together.”

The court noted that although the provisions of Section 498-A (dowry harassment) and Section 377 (unnatural sex) of the IPC and Sections 3 and 4 of the Dowry Prohibition Act are non-compoundable, courts are empowered to quash such proceedings to secure the ends of justice.

“Considering the recent trend of filing first information reports against as many persons from the husband’s side, it has become imperative to look at matrimonial disputes from a different angle,” the court said. “If the parties settle their disputes amicably in order to live peacefully, it is the duty of the court to encourage such action.”

The bench added: “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.”

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Holding that continuing criminal proceedings in such cases would amount to injustice, the court said: “In our view, instead of dragging the parties to court, the said action should be encouraged by quashing the proceedings in the interest of justice.” Accordingly, the court quashed the FIR lodged in December 2023.