HC quashes woman’s cruelty complaint against husband
The Bombay High Court quashed a complaint filed by a woman against her husband after she wanted to withdraw the complaint.mumbai Updated: Jul 04, 2010 01:16 IST
The Bombay High Court quashed a complaint filed by a woman against her husband after she wanted to withdraw the complaint.
Jalgaon-based, Manoj Sonar and Bhavika married on January 23, 2007. But, within months they started to have disputes.
On August 27, 2008, Bhavika lodged a complaint with the police alleging cruelty under section 498-A of the Indian Penal Code (IPC), under which a man or his relative can be sentenced to maximum three years of imprisonment for subjecting his wife to cruelty.
As the trial was pending, the couple filed a divorce petition before the family court and agreed to reach an amicable settlement.
As a part of settlement, both agreed to withdraw all the complaints and litigations pending in various courts.
After the settlement, Manoj filed application before the magistrate court at Jalgaon, where the trial was pending seeking quashing of the compliant.
The public prosecutor opposed the application stating that the complaint cannot be quashed as the offence was not compoundable that is, it cannot be settled between parties outside court. After this, Bhavika approached the high court seeking quashing of the compliant filed by her.
Observing that the application was an exception to the general rule, Justice A. V. Potdar remarked: “It becomes the duty of the court to encourage genuine settlements of matrimonial dispute,” remarked Justice Potdar.
“In the interest of justice and to maintain the harmony between the parties, and particularly in the matrimonial matters where the parties have genuinely agreed to settle the dispute finally,” added Potdar.
“After considering the settlement in various disputes between the parties, there is no doubt in my mind that the parties are genuinely desirous to settle the dispute once for all,” observed the high court.