Chhattisgarh High Court quashes FIR against husband saying that matrimonial offences are essentially private and civil in flavor, even though they are clothed as criminal offences.
INTRODUCTION In a recent judgment, a division bench of Chhattisgarh High Court quashed an FIR and all related criminal proceedings against the husband in a matrimonial dispute. The court explicitly observed: “Considering that the dispute is purely personal in nature and does not affect public peace or societal interest, and in light of the principles laid down by the Hon’ble Supreme Court with regard to quashing of criminal proceedings arising out of matrimonial disputes on the basis of compromise, further considering that the possibility of conviction is very remote and bleak, this Court is of the view that continuation of the proceedings would be an exercise in futility and would amount to abuse of the process of law.” Background and Facts of the Case The couple got married on 28 December 2021 and lived in Mumbai. The wife (complainant) alleged that her husband indulged in regular mental and physical torture, harassment, and cruelty. Specific allegations included: Habitual drink...