Relief for family after high court quashes domestic violence case

In a breather to four members of a family, the Bombay High Court recently quashed their conviction and sentence of three months’ imprisonment. The HC held that since the matter was amicably settled, keeping the criminal proceedings pending would only “over burden” the courts.

The Division Bench of Justice Ranjit More and Justice Sarang Kotwal heard a criminal application filed by Sachin Parab along with his father, mother and sister. The family had challenged the judgement of the Chief Judicial Magistrate, Thane, that had in July 2015 convicted them under charges of domestic violence, criminal breach of trust and common intention.

Interestingly, Parab’s wife, who had lodged the complaint against his family, had withdrawn her plaint that was registered before the Rabadi police station. She had also filed an affidavit giving a “no objection” for quashing the proceedings against her in-laws and husband.

The wife had also moved the family court in Mumbai, seeking dissolution of her marriage. The court had on July 10, 2017 dissolved her marriage with Parab, under the relevant provisions of the Hindu Marriage Act.

After considering the material on record, the judges said, “The wife is present in the court and has specifically stated that the dispute between herself and her inlaws has been settled amicably and that her marriage with Parab is dissolved.”

“It can thus be seen that the matter has been amicably settled between the parties. Perusal of the complaint,

After considering the material on record, the judges said,“The wife is present in the court and has specifically stated that the dispute between herself and her in-laws has been settled amicably and that her marriage with Parab is dissolved.”

makes it clear that the allegations are totally personal in nature. In these circumstances, we are of the view that quashing of the criminal proceedings would be in the interest of wife,” the judges said.

The judges’ order further added, “Besides all this, no purpose would be served by keeping the criminal proceedings pending except burdening the criminal courts which are already over-burdened. In that view of the matter and in the interests of justice, the judgement and order of conviction is quashed and set aside.”