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High Court of Bombay Dismisses Petition to Quash FIR in Matrimonial Dispute

Writer: AM Law FirmAM Law Firm

High Court of Bombay Dismisses Petition to Quash FIR

On 22nd July 2024, the High Court of Bombay, comprising Justices A. S. Gadkari and Dr. Neela Gokhale, dismissed a petition seeking to quash an FIR under sections 498-A, 406, 504, and 34 of the Indian Penal Code. The case involved allegations of matrimonial cruelty.


Case Background


The petitioners, consisting of a husband, father-in-law, and three sisters-in-law, were accused by the complainant of severe harassment and cruelty. The complainant alleged that after her marriage in December 2021, she faced abuse and unreasonable demands from her in-laws, including being forced to perform all household chores and subjected to degrading checks via WhatsApp video calls.


Court's Decision


The court found the allegations credible and sufficient to justify further investigation. It noted the mental and emotional distress inflicted on the complainant and rejected the petitioners' claim that the complaint was merely a matrimonial dispute given a criminal hue.


Conclusion:


The bench emphasized that the High Court should not conduct a mini-trial at the stage of quashing an FIR and upheld the ongoing criminal proceedings. This decision reaffirms the legal protection against matrimonial cruelty and ensures such cases receive thorough examination

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