Can't Conduct Mini-Trial: Bombay HC Decline To Quash FIR By Wife Against Husband For Outraging Her Modesty
The Bombay High Court while refusing to quash an FIR lodged by a wife against her husband, inter alia, for outraging her modesty, observed that it cannot conduct a mini-trial to conclude or draw an impression or a conclusion.
The Court was considering a Writ-Petition filed by the husband seeking quashing of the FIR alleging physical assault and outraging of her modesty.
The division bench of Justice Ravindra V Ghuge and Justice Rajesh S. Patil observed, "Considering the law laid down in (i) Rajeev Kourav Versus Baisahab and others, (2020) 3 SCC 317, (ii) Kaptan Singh Versus State of Uttar Pradesh and others, (2021) 9 SCC 35 and (iii) State of Odisha Versus Pratima Mohanty and others, (2022) 16 SCC 703, we do not find that we can conduct a mini trial in this proceeding to conclude or draw an impression or a conclusion that the contents of the FIR are totally false and the FIR deserves to be quashed."
The Petitioner was represented by Advocate Prateek Dutta while the Respondent was represented by Additional Public Prosecutor Supriya Kak.
In the FIR, Sections 354, 323 and 506 of the Indian Penal Code (IPC) were invoked against the Petitioner. It was the case of the Complainant that she had a love-marriage with her husband and has a 10-year-old son. The husband used to occasionally visit the home and there are several marital issues going on between them pending adjudication before the Court. On one of the occasions, she alleged, he physically assaulted her and outraged her modesty in the presence of their son, by touching her chest without her consent.
The Counsel for the Petitioner contended that a false story has been narrated in the FIR and on account of a marital discord, the Complainant is lodging the complaints against him. He submitted that the FIR is motivated and since a false story has been narrated in the same, it should be quashed.
The Court, however, wasn't "convinced" and observed that it is not allowed to conduct a mini-trial at this stage of the proceedings.
The Petition was accordingly dismissed.
Cause Title: Sanket More vs. State of Maharashtra (2025:BHC-AS:904-DB)
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