Bombay High Court rejects the plea to cancel the FIR of the husband accused of molesting his wife.

The Bombay High Court has rejected the petition filed by the husband, in which he had sought cancellation of the FIR registered against him for molesting his wife. The husband had argued that a complaint had been filed against him due to ongoing marital dispute, but the court did not accept this claim. The wife had made serious allegations against her husband and said that he had hurt her dignity.

Court’s stance

A division bench of Justice Ravindra Ghughe and Justice Rajesh Patil, hearing the case, said:

“We do not feel that by running a small trial in this proceeding it can be proved that the things recorded in the FIR are completely false. In such a situation, it would not be right to cancel the FIR.”

The court dismissed the husband’s petition while issuing an order on January 7, 2024. The case is related to the FIR registered at Kasturba Marg police station in Mumbai.

wife’s allegations

According to Live Law report, the wife has made serious allegations against the husband in the FIR lodged on February 26, 2024:

1. Allegation of forcibly entering the bedroom: The wife says that the husband entered her bedroom without permission and started arguing.
2. Use of toilet: The next day, the husband used the toilet without permission, which led to an argument.
3. Obscene acts: When the wife tried to record a video of the incident, the husband snatched her phone and tried to forcibly touch her breasts.
4. Fight: After this, there was a fight between the two near the kitchen, where the husband scuffled with the wife.

The wife says that this behavior of her husband is insulting to her dignity and she calls it insulting.

husband’s arguments

The husband said in support of his petition in court:

• They both live in the same house with their 10-year-old son, but due to marital tension, the wife sleeps in the bedroom and the husband in the living room.
• The husband claims that the wife has deliberately made false allegations to implicate him.
• Calling the FIR “motivated and false”, he demanded its quashing.

court decision

The court said that a detailed investigation and trial of the case is necessary to quash the FIR. It is not possible to take a decision on such allegations without hearing. The court clarified that it is not appropriate to completely dismiss the allegations made in the FIR.

importance of the matter

This case underlines the need for a balance between serious allegations and their legal settlement in matrimonial disputes. Rejecting the husband’s arguments, the court maintained that in such cases the veracity of the allegations should be determined by the investigative process itself.