The Bombay High Court observed that Hindu marriages, considered sacrosanct, are increasingly being jeopardized due to trivial issues between couples.
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MUMBAI: The Nagpur bench of the Bombay High Court, in an order dated July 8, 2025, observed that Hindu marriages, considered sacrosanct, are increasingly being jeopardized due to trivial disputes.
Justices Nitin Sambre and M. M. Nerlikar emphasized that if reconciliation is not possible, the marriage should be ended promptly to prevent prolonged suffering for both parties. The court made these remarks while quashing a dowry-related FIR in view of a mutual settlement.
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Background
The informant (Non-applicant No. 2) lodged a complaint with the Beltarodi Police Station, Nagpur, on 18.12.2023, which led to registration of FIR No. 737/2023 under Sections 498-A, 377 read with Section 34 of IPC, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, against all the applicants.
The applicant in Criminal Application No. 900/2025 is the informant’s husband, while the applicants in Criminal Application No. 290/2025 are his sisters, Kavita Pal and Shweta Pal, and the applicant in Criminal Application No. 441/2025 is his maternal aunt.
Following the investigation, a chargesheet was filed and registered as R.C.C. No. 2514/2024 before the 11th Joint Civil Judge, Junior Division, and Judicial Magistrate First Class, Nagpur.
The prosecution case alleges that the informant married Akshay on 15.05.2023, and that her father gave valuable gifts and incurred expenses of around Rs. 20 lakhs. Soon after the marriage, the informant was allegedly harassed by her husband and his family over dowry demands.
Her sister-in-law reportedly took her gold ornaments, and an altercation ensued regarding unmet dowry expectations. It is further alleged that Akshay consumed alcohol and subjected her to unnatural sexual acts, causing physical injury. The maternal aunt allegedly demanded land and a flat, while one sister-in-law tried to hack her mobile phone. Based on these claims, the FIR was registered.
Subsequently, the applicants have filed three criminal applications seeking quashing of the FIR and related proceedings, citing a settlement reached between the parties.
Observation and Judgment of the Court
The Court noted,
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, based on 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.
The Court quashed the case, noting that,
“Although offences under IPC and Dowry Prohibition Act, including those of dowry harassment and unnatural sex, are non-compoundable, the court has the authority to quash such a case in order to secure justice.”
The Court also observed that with the growing trend of naming multiple family members in matrimonial disputes, it is essential to approach such cases with a fresh perspective. The Court added,
“It is the responsibility of the Court to encourage and support such settlements where parties are willing to resolve their dispute amicably and seek peace.“
The Court further emphasized, marriage is not just a social contract but a spiritual bond that unites two souls.
“Marital discord has nowadays become a menace in society due to various factors. Small issues between a couple spoil their entire life, and marriage, which is sacrosanct in Hindu, is at stake.
CASE TITLE: ARP vs State of Maharashtra
(Criminal Application 900 of 2025)
READ JUDGMENT HERE
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