The Sikkim High Court has quashed criminal proceedings against a 50-year-old man after finding that he and his wife had resolved their matrimonial dispute, resumed cohabitation and wanted to preserve their family relationship.
Justice Bhaskar Raj Pradhan allowed the husband’s plea seeking quashing of an FIR registered in 2022 on a complaint by his 46-year-old wife, who had accused him of cruelty and repeated misconduct.
The court noted that the couple, married since 2005, had been living together again for the past two years and had entered into a compromise in April this year. Under the settlement, they agreed to maintain a peaceful relationship while keeping the welfare of their 18-year-old daughter at the forefront.
Husband Expressed Regret, Assured Peaceful Matrimonial Life
During the proceedings, the husband expressed regret over his conduct and sought forgiveness from his wife. He also assured the court that he would behave in a manner conducive to a peaceful and respectful matrimonial relationship.
The court recorded that the husband said he had changed and had become a better person. The couple also told the court that their daughter was living with them and that her happiness remained paramount.
Referring to the reconciliation, the court cited the Nepali proverb “Logne-swasniko jhagada paral ko aag”, observing that its English equivalent conveys that a quarrel between husband and wife is like a straw fire that burns brightly but only for a short time.
Compromise Reached After Criminal Case Was Filed
The wife had lodged a complaint in 2022 alleging cruelty and detailing the misconduct she claimed to have suffered. An FIR was subsequently registered and, after investigation, a chargesheet was filed against the husband.
The husband later approached the High Court seeking quashing of the FIR and the consequential criminal proceedings.
As part of his plea, he placed before the court the compromise deed executed by the couple in April. The settlement recorded their decision to live peacefully together and maintain a good relationship in view of their daughter’s well-being. The husband also undertook not to misbehave with or ill-treat his wife.
Advocate Rahul Rathi, appearing for the husband, and advocate Safal Sharma, representing the wife, told the court that they had separately spoken to their clients and believed that ending the criminal proceedings would serve the interests of the family and give the couple an opportunity to continue their relationship.
After personally interacting with the husband and wife and considering the settlement between them, the High Court concluded that the criminal case should not continue.
The court accordingly quashed the FIR as well as the criminal proceedings arising from it, enabling the couple to continue their matrimonial life on the assurance of peaceful and respectful co-existence.
