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Bombay HC quashes FIR against husband after wife concedes misunderstanding due to covid-19 duty

The couple submitted that both have amicably arrived at the settlement and decided to stay together.

Written by Omkar Gokhale | Mumbai | November 26, 2020 9:39:30 am
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The Bombay High Court on Wednesday quashed a FIR alleging domestic violence filed by a woman against her husband, both medical professionals, after the wife said that there was a misunderstanding between the couple as a result of stress due to long hours of Covid-19 duty. The couple submitted that both have amicably arrived at the settlement and decided to stay together.

The wife, in June, this year registered FIR at Ambad Police station in Nashik against the husband and his relatives under sections 498-A (Husband or his relatives subjecting wife to cruelty), 324 (Voluntarily causing hurt by dangerous weapons ), 377 ( sexual activities against order of nature), 504 (Intentional insult with intent to provoke breach of the peace.), 506 (criminal intimidation) of the Indian Penal Code (IPC) and section 67 (Punishment for publishing or transmitting obscene material in electronic form) of the Information Technology Act among others.

After interacting with the wife through videoconference, the bench said that it was satisfied that it was her voluntary act seeking quashing of the FIR and noted in the order, “During our interaction with respondent (wife), she stated that, out of heavy pressure of work in the hospitals, since both are medical professionals, there was some misunderstanding and the FIR came to be lodged and even the domestic violence case was also filed.”

A division bench of Justice S S Shinde and Justice M S Karnik on Wednesday was hearing a plea filed by the husband and his family seeking to quash the FIR filed against them.

After hearing submissions, Justice Shinde said, “ Doctors in government hospitals are under stress. We have the highest regards and respect for doctors working during a pandemic for more than 18 hours a day at the cost of the health of their families including children.”

In light of the submissions made by the wife, the Court noted, “The respondent-wife is not going to support the allegations in the FIR and as a consequence of it, the chances of conviction of petitioners would be bleak. Since the couple is staying together from September, no fruitful purpose would be served by continuing further investigation or proceeding arising out of FIR.” The court was satisfied with the interaction with the wife, even as one of the lawyers interjected, the bench said that it was ready to quash the FIR and did not want to hear the case any further. You have heard ‘ Miya Biwi Raazi’..” Justice Karnik remarked.

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