Case Note & Summary
The Applicants, including the husband and his family members, filed a criminal application seeking quashing of an FIR registered under Section 498-A read with Section 34 of Indian Penal Code, 1860 (IPC) by Non-applicant No.2, the wife. The marriage was solemnized on 15 June 2020, and the couple faced misunderstandings and petty quarrels during cohabitation. The husband had lodged a police report alleging abuse by the wife, and medical evidence showed injuries on him. The wife later became pregnant, and divorce proceedings were initiated. Settlement talks for mutual divorce occurred but failed due to monetary disagreements. The Court examined the material and found the allegations did not prima facie constitute cruelty under Section 498-A IPC, as the disputes were trivial and involved educated individuals. The FIR was quashed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) as an abuse of process of law.
Headnote
The High Court of Judicature at Bombay, Nagpur Bench, quashed the FIR registered under Section 498-A read with Section 34 of Indian Penal Code, 1860 (IPC) against the Applicants -- The Court held that the allegations did not prima facie constitute an offence under Section 498-A IPC -- The matrimonial discord involved trivial quarrels and misunderstandings between educated spouses -- Settlement attempts and mutual divorce discussions were undertaken -- The FIR was found to be an abuse of process of law and lacked essential ingredients for cruelty under Section 498-A IPC -- The Court exercised powers under Section 482 of Code of Criminal Procedure, 1973 (CrPC) to quash the proceedings
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Issue of Consideration: The Issue of Consideration was whether the FIR registered under Section 498-A read with Section 34 of Indian Penal Code, 1860 (IPC) against the Applicants should be quashed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) due to lack of prima facie evidence and abuse of process of law
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Final Decision
The High Court allowed the criminal application and quashed the FIR No. 580/2024 registered under Section 498-A read with Section 34 IPC against the Applicants
