The Bombay High Court dismissed a writ petition filed by a man seeking to quash a First Information Report (FIR) lodged against him by his estranged wife, for outraging her modesty. The court ruled that the allegations could not be dismissed outright without a trial, saying that it was not the court’s role to conduct a preliminary evaluation of evidence at this stage.

The case was heard by a bench comprising Justices Ravindra Ghuge and Rajesh Patil. The petitioner, the husband, had requested the court to quash an FIR registered by his wife at the Kasturba Sub Police Station in Mumbai.

The FIR alleged that the couple, who had a love marriage and a 10-year-old son, had been experiencing marital discord for over a year. Though they shared the same residence, the wife occupied the bedroom while the husband stayed in the hall.

According to the FIR, on the night of February 26, 2024, and the early hours of February 27, 2024, the husband entered the wife’s bedroom without consent, initiated an argument, and allegedly resorted to physical and verbal abuse. The wife claimed that the husband touched her inappropriately during the altercation, which took place in the presence of their son. She also alleged that the man snatched her mobile phone after she recorded parts of the incident.

In his defence, the husband contended that the allegations were false and motivated by their ongoing disputes. He argued that the FIR was intended to harass him and sought its dismissal.

The court, however, stated that the matter required detailed examination during trial and could not be summarily quashed at this stage. It offered the petitioner the option to withdraw his plea, but he declined, requesting a formal order.

In its ruling, the court said, “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.”