Bombay HC Quashes Domestic Violence FIR, Says Consent Terms Are Binding

Introduction:

An FIR filed by a woman against her husband and in-laws in a domestic violence case, was quashed by the Bombay High Court. The Court ruled that the women cannot later withdraw from those statements or undertakings once a woman has agreed to certain terms during a legal settlement.

Justices Ajey Gadkari and Rajesh Patil delivered the judgment on September 9 highlighted the importance of respecting legal settlements. The bench said that allowing a party to go back on promises made in consent terms would weaken the legal process and create uncertainty in future cases.

Bombay High Court ruling on domestic violence FIR emphasizes binding consent terms.

Background:

The case went back to 2009, when the woman had filed a First Information Report (FIR) against her in-laws and husband. She charged them for criminal breach of trust, cruelty and intimidation under the Indian Penal Code (IPC).

The couple tied a knot in 2004 and lived in Australia after that. The woman later claimed that she was misled about her husband’s educational background and profession and, she was harassed by her in-laws. She had filed many complaints in India, over the years, including one for cruelty and another for criminal intimidation.

Settlement reached in two countries

Both the parties decided to resolve their disputes, after years of litigation. In November 2016, they entered into mutual settlement agreements, first in Australia and later in Mumbai.

As part of these consent terms, the woman agreed to cooperate in quashing the FIR filed in 2009. This was meant to put an end to the long-running legal battles between the families.

However, later the woman sought to withdraw from the settlement, citing changes in her circumstances. Her husband and in-laws challenged this move in court, arguing that she could not back out after giving a clear undertaking.

Bombay High Court’s observation

The bench stressed that settlements and consent terms form the basis of trust in the justice system. If people were allowed to withdraw their promises after entering into a legal agreement, it would undermine the conclusiveness of settlements. 

The judges noticed that: 

“In the present proceedings, the Respondent No.2 (woman) should not be permitted to withdraw from the statements or undertakings given by her in the consent terms.” 

The Court also pointed out that since their marriage in 2004, both parties had been living in Australia, and the woman had filed complaints while staying apart from her husband. Despite this, she deliberately entered into settlement agreements in both Australia and Mumbai, making her later attempt to withdraw unjustified.

FIR found weak in substance

The Court also examined the FIR itself, along with upholding the settlement. Substantive evidence was missing in the allegations, the court concluded.

The bench noted: 

“Even if the FIR and complaint are taken at face value, they do not prima facie disclose the commission of any offence, and there is no material to substantiate the allegations.” 

With this observation, the Court decided to quash the FIR, putting an end to the criminal proceedings.

Way forward:

The sanctity of settlements is explained in the Bombay High Court’s ruling. The parties cannot later go back on their word unless there is strong legal explanation, once both the parties have willingly entered consent terms.

When the allegations lack sufficient evidence, the courts will not allow criminal proceedings to continue, as shown by this judgement. The court quashed the FIR and reaffirmed the principle that legal settlements shall be provided fairness, respected, halted and stabilized in long-drawn disputes. 

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