Representative image of a registered FIR.
Credit: iStock Photo
New Delhi: The Delhi High Court has refused to quash a case against a man for allegedly torturing his estranged wife, observing the offences related to matrimonial relationships "should not be closed in a routine manner" especially when the victim opposes it.
Justice Chandra Dhari Singh noted although the estranged couple had initially decided to get a divorce decree through mutual consent and settle all disputes, the woman subsequently opposed the dropping of the case against the husband claiming he had taken the settlement amount back and subjected her to torture.
The high court called it a "textbook example" of how the affluent tried to flout the law by coercing the aggrieved party to settle the dispute despite it being a criminal offense and approached the courts with settlement deeds.
While noting the cases where a settlement was arrived at had to be quashed as proceeding with the trial was a futile exercise, the high court said, "Offences pertaining to matrimonial relationships must not be quashed in a routine manner, especially if the victim of the said offence has opposed the quashing by denying the settlement." The court observed despite its wide powers under Section 482 of the Code of Criminal Procedure, it ought to be used sparingly, and particularly in cases where no harm was caused to the society.
According to the settlement, the woman had to withdraw all the pending cases against the man, who would pay her Rs 45 lakh.
The woman, however, oppposed the man's plea in the high court seeking quashing of the criminal case and claimed the memorandum of understanding stood null and void as the second motion of the divorce did not take effect.
She claimed the man had taken back the settlement amount apart from taking the money she earned through an independent business.
The court, while dismissing the man's petition, said it did not find any reason to quash the FIR as the cause of action still persisted and the settlement arrived at by the parties was never abided by the man. The high court further noted the man had subjected his estranged wife to cruelty -- a condition necessary to attract the framing of charges under 498A of the Indian Penal Code.
"It is held that the petitioner (man) has been unable to put forth any propositions warranting exercise of inherent powers of this court as the petitioner’s conduct still includes the criminal nature of the offence for which he was charged with under the FIR," it said.
The high court said his plea without any merit and the trial in the criminal case could proceed.
According to the records, the couple married in 2012 and an FIR was lodged against the man in 2015 for alleged criminal breach of trust and cruelty towards his wife.