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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 drinking and quarrels over trivial issues.

 Demanding money/property from her parents.

 Compelling her for unnatural sex.

 Causing abortion of pregnancy.

 Assault, threats to make private videos viral, and questioning her fidelity.

 Disputes over expenses for their son’s delivery.

 Eventually sending her back to her parental home in Raipur in February 2023 and not taking her             back.

On the basis of her complaint, FIR was registered on 20 October 2023 at Mahila Thana, Raipur, under Sections 498A (cruelty by husband/relatives) and sec 34 of the IPC. The final charge-sheet later added Section 377 IPC. 

The Compromise and Settlement

After the FIR, the parties reached an amicable settlement:

They filed a joint petition for mutual-consent divorce under Section 13B of the Hindu Marriage Act before the Family Court, Raipur.

The divorce decree was granted on 8 August 2024.

The wife executed an affidavit on 3 March 2026 confirming full and final financial settlement, withdrawal of all allegations, and her explicit no-objection to quashing the criminal case.

She also did not oppose anticipatory bail for the husband.

The State (prosecution) did not dispute the compromise.



Observations of the Court

The court exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to quash the FIR, the charge-sheet, the cognizance order, and the entire criminal proceedings pending before the Judicial Magistrate First Class, Raipur.

 Matrimonial disputes of this nature are essentially private and civil in flavor, even though they are clothed as criminal offences.

When the parties have genuinely settled and obtained divorce by mutual consent, the possibility of the wife supporting the prosecution becomes almost nil → conviction is “remote and bleak”.

Continuing the trial would serve no public purpose and would amount to abuse of the process of law.

The offence is not heinous or against society at large; it does not impact “public peace or societal interest”.

The court stressed that while serious crimes (murder, rape of a minor, offences affecting society) cannot be quashed even on compromise, purely personal matrimonial disputes can be closed if the settlement is bona fide and serves the ends of justice.



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