Bombay High Court rejects plea of ​​husband accused of molestation, refuses to cancel FIR

Bombay High Court, while rejecting the petition of a husband accused of molesting his wife, has refused to cancel the FIR registered against him. The husband had claimed that this complaint has been filed due to discord in his marital life, while the wife has alleged that the husband has insulted her dignity.

court decision

A bench of Justice Ravindra Ghughe and Justice Rajesh Patil heard the case on January 7. The court said:

“We do not think that a small trial can be conducted in these proceedings to find out that the facts recorded in the FIR are completely false. Therefore, there is no ground to quash the FIR.”
A complaint was lodged against the petitioner at Kasturba Sub Police Station, Mumbai.

wife’s allegations

According to Live Law report, the wife made the following allegations in the FIR filed on February 26, 2024:

• The husband forcibly entered the bedroom and argued with her.
• The wife demanded action against the husband under Section 506 (criminal intimidation).
• The next day, the husband used the toilet without permission, leading to an argument between the two.

incident details

• The wife tried to record a video of the incident, but the husband snatched the phone.
• The woman alleges that during this time her husband touched her breasts, due to which she felt humiliated.
• There was an argument and fight between the two in the kitchen also.

Husband’s petition and arguments

• The husband claimed in the court that both of them live in the same house with their 10-year-old son.
• Due to marital discord, the wife sleeps in the bedroom and he sleeps in the living room.
• The husband described the FIR as motivated and said that the wife had misled the police by fabricating a false story.

Judiciary’s stance

The court clarified that in such cases, cancellation of FIR is possible only when it is completely proved that the allegations are false.

• It is not possible to verify the complaint registered in the FIR through a small trial.
• The court said that this matter is a subject of detailed investigation during the hearing.