It is of utmost significance to note that none other than the Nagpur Bench of the Bombay High Court in a most learned, laudable, landmark, logical and latest judgment titled ARP vs State of Maharashtra cited in Neutral Citation No.: 2025:BHC-NAG:6625-DB that was pronounced as recently as on July 8, 2025 has most seriously flagged the increasing misuse of matrimonial laws and has also underscored the court’s all-important role in encouraging the respectful settlement of such matrimonial disputes.
We need to note that a Division Bench comprising of Hon’ble Mr Justice Nitin Sambre and Hon’ble Mr Justice MM Nerlikar minced absolutely just no words to hold in no uncertain terms that laws like Domestic Violence Act, the Hindu Marriage Act and the Special Marriage Act were enacted to improve marital relationships but are now being misused and this has led to a lot of litigation and has burdened courts. This was held so while quashing the criminal proceedings against four family members accused in a matrimonial dispute. Very rightly so!
At the very outset, this robust, remarkable, rational and recent judgment authorized by Hon’ble Mr Justice MM Nerlikar for a Division Bench of the Nagpur Bench of the Bombay High Court sets the ball in motion by first and foremost putting forth in para 1 that:
Heard. Rule. Rule is made returnable forthwith and by consent of learned Counsel appearing for the parties, matters are taken up for final disposal.
As we see, the Division Bench discloses in para 2 that:
The informant [Non-applicant No.2] in the present matters has lodge a complaint with non-applicant no.1 Beltarodi Police Station, Nagpur on 18.12.2023, which came to be registered as First Information Report No.737/2023 for the offence punishable under Sections 498-A, 377 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961. The said first information report is registered against all the applicants. Applicant in Criminal Application No.900/2025 is husband of the informant, while applicant in Criminal Application No.290/2025 are sisters namely - Kavita Pal and Shweta Pal of husband and applicant in Criminal Application No.441/2025 is maternal aunt of husband. On the basis of the complaint so lodged, the prosecution has carried out investigation and on completion of the same, has filed charge sheet before the competent Court of law, which has been registered as R.C.C.No.2514/2024 and is pending before the 11th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Nagpur.
To put things in perspective, the Division Bench envisages in para 3 stating that:
The prosecution case in short is that – marriage between the informant and applicant – Akshay was solemnized on 15.05.2023 at Nagpur. The informant has alleged that at the time of marriage her father has given valuable gifts to her husband which includes gold ornaments, motor cycle, motor car etc. It is further alleged that the father of informant had incurred expenses to the tune of Rs.20 lakhs in the said marriage.
As it turned out, the Division Bench then lays bare in para 4 enunciating that, After marriage the informant went to her matrimonial house, where on 16.05.2023 her sister-in-law had taken some golden ornaments from her stating that the same belongs to her. They alleged certain things against her father on the count of not giving certain items in the marriage and entered into unwanted debate. The informant has alleged that her husband was in the habit of drinking liquor. It is further alleged that two sisters of applicant Akshay was also harassing the informant. It is also alleged that the applicant Akshay was forcefully doing unnatural sex with the informant, due to which she has sustained some injuries to her private part. It is further alleged that so far as Rajkumari Pali is concerned, who is maternal aunt, she demanded 5 Acres of land and 2 BHK flat. It is alleged that the sister-in-law Shewta has tried to hack the mobile of the informant through some third person. Based on these allegations the first information report for the offence as stated above, came to be registered.
As things stands, the Division Bench points out in para 5 that:
All these three criminal applications are being filed for quashing of the first information report and consequential criminal proceedings arising therefrom, which is pending before the Joint Civil Judge and Judicial Magistrate First Class, Nagpur. The said relief is prayed on the basis of settlement arrived at between the parties.
It cannot be glossed over that the Division Bench lays bare in para 8 stating that:
Today the informant is personally present before the Court. She is identified by her Advocate. Upon interaction, she has stated before the Court that she has no objection if this Court quashes the first information report and criminal proceedings.
It also cannot be lost sight of that the Division Bench points out in para 9 that:
The learned Counsel for the applicants in support of his contention submitted that this Court is having ample powers under Section 482 of the Code of Criminal Procedure to quash and set aside the first information report and charge sheet, though Sections 498-A and 377 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act are non-compoundable, and in support has relied upon the landmark judgment of the Hon’ble Supreme Court in Gian Singh vs. State of Punjab and another, reported at 2012 Cr.L.J. 4934. He submits that the law laid down in the said judgment specifically states that the High Court has inherent powers to quash the criminal proceedings.
Do note, the Division Bench notes in para 10 that:
We have considered the submissions advanced on behalf of the parties. We have also perused the judgment relied upon by the learned Counsel for the applicants. It is pertinent to note that the offence under Section 498-A and 377 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act are not compoundable, however, on the basis of settlement arrived in between the parties, in the given facts and circumstances noted above, the applicants have approached this Court under Section 482 of the Code of Criminal Procedure.
Be it noted, the Division Bench notes in para 13 that:
In the present case, it can be gathered from the settlement arrived between the parties that the applicant Akshay and the informant wanted to bury all their disputes relating to matrimonial issues. Therefore, in the situation wherein the matrimonial tie has been brought to an end by mutual consent and the parties are eager to move ahead in their respective life, and further if the prayer for quashing the criminal proceeding is not entertained, it would tantamount to causing injustice to them. Therefore, in order to do complete justice, by taking recourse to the above cited judgments, the prayer for quashing the proceedings can be considered.
Most rationally, the Division Bench observes in para 14 stating that:
It is also not in dispute that in addition to mutual settlement arrived at between the parties, the informant wife has appeared before this Court and has filed an affidavit supporting the prayer of applicants regarding quashing of criminal proceedings and has specifically stated that she does not want to pursue the matrimonial proceeding, thus, gave consent for quashing the same. We are satisfied that the settlement is voluntary and genuine. Therefore, in our view instead of dragging the parties to the Court, and by protecting their right to live happily for the betterment of their future, in our opinion the said action should be encouraged by quashing the proceedings in the interest of justice.
It is worth noting that the Division Bench notes in para 15 mentioning that, Though Sections 498-A and 377 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act are non-compoundable, to secure ends of justice the Court should hold that the provisions under Section 320 would not be a bar to exercise the power for quashing the first information report, charge sheet or subsequent criminal proceedings. It is not in dispute that the powers under Section 482 of the Code should be exercised sparingly and it should be used only if the Court is satisfied that the material placed on record is satisfactory, and allowing the proceeding to continue would be an abuse of the process of Court.
Notably, the Division Bench is absolutely right in noting in para 16 that, Needless to mention that considering the recent trend of filing first information reports against as many as persons from husband side, has become imperative to look the matters of matrimonial disputes from a different angle, and therefore, if the parties settle their disputes amicably in order to live peacefully, it is the duty of the Court to encourage such action by entertaining the prayer for quashing of the first information report, charge sheet or criminal proceedings.
Frankly speaking, the Division Bench candidly concedes in para 17 observing that:
Marital discord has now a days become menace in the society due to various factors. The parties who are fighting due to these marital discord are having several remedies in law. The small issue between the two are spoiling the entire life and the marriages which are sacrosanct in Hindus are at stake. Marriages are not merely a social contract, but a spiritual union that binds two souls together. However, now-a-days these scared marriages receive set back in the above circumstances. The distress, disharmony and lack of adjustment amongst the persons lead to conflict.
Most significantly and so also most remarkably, the Division Bench encapsulates in para 18 what constitutes the cornerstone of this notable judgment postulating precisely that:
We are experiencing that, Legislation intended to improve marital relationships, such as the Domestic Violence Act, the Hindu Marriage Act and the Special Marriage Act etc., are frequently misused by parties, resulting in multiplicity of litigation, that not only burdens the Court, but, also cause mental as well as physical harassment, endless conflict, financial loss and irreversible harm to children and other family members. In such cases, the Court should support a respectful settlement to terminate all litigation between the parties while protecting their life and liberty, which is a fundamental right guaranteed by Article 21 of the Constitution of India. As observed in the case of State of Maharashtra vs. Chandrabhan (AIR 1983 SC 803), that right to life enshrined under Article 21 of the Constitution means something more than survival or animal existence, and therefore, we are of the opinion that matrimonial disputes, if re-union is not possible, shall be put to an end as early as possible otherwise the life of persons will be ruined, if it is permitted to go on and would be violative of Article 21 of the Constitution of India. Therefore, the powers under Section 482 of the Code of Criminal Procedure can be exercised to do complete justice which would save the future life of husband and wife and they would be free to lead their respective life happily and with dignity, which is another facet of Article 21.
Finally, the Division Bench then concludes by holding in para 19 that:
After going through the entire record, as well as the affidavit filed by the informant and the decree of divorce by mutual consent, we are of the opinion that this is a fit case to exercise powers under Section 482 of the Code of Criminal Procedure for quashing the first information report, charge sheet along with the criminal proceeding. Accordingly considering the above discussion, we deem it appropriate to allow these application by passing the following order.
ORDER
- Criminal Applications are allowed.
- The First Information Report No.737/2023 registered with Beltarodi Police Station, Nagpur dated 18.12.2023 for the offence punishable under Sections 498-A, 377 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961 along with the Criminal Proceeding bearing R.C.C. No.2514/2024, pending on the file of the 11th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Nagpur is hereby quashed and set aside.
- Rule is made absolute in aforesaid terms.
In a nutshell, we thus see that Division Bench of Nagpur Bench of Bombay High Court has made it indubitably clear candidly conceding that matrimonial laws are being misused. It also underscored that courts must always strive to encourage settlements of such disputes. Very rightly so!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut-250001, Uttar Pradesh.
