Abysmal State Of Affairs That Litigants Prefer False Complaints In Matrimonial Disputes: Delhi High Court Quashes FIR

The Delhi High Court has recently observed that it is an “abysmal state of affairs” that litigants have resorted to preferring false complaints in matrimonial disputes against the opposite party, thereby making a mockery of the judicial system.

“It is an abysmal state of affairs that litigants have resorted to making a mockery of the judicial system by preferring false complaints of such a serious nature to arm-twist the other side and gain leverage in matrimonial disputes,” Justice Amit Mahajan said.

The court made the observation while quashing an FIR registered by a wife against the husband and his family members after a settlement was arrived at between the parties.

The marriage was solemnized in 2018. Next year, an FIR was filed by the wife alleging that she was subjected to cruelty for dowry. She also alleged that her brother-in-law tried to sexually harass and abuse her.

The plea was then filed by the husband and his family members seeking quashing of the case on the grounds of settlement. It was submitted that the parties had obtained a decree of divorce by mutual consent and intended to live their future lives peacefully.

While quashing the case, the court observed that the allegation of sexual harassment against the brother-in-law was serious in nature but the wife said that the FIR was registered on an advice at that time.

“…the complainant has since moved on in her life. In such circumstances, the continuation of proceedings would only cause further undue harassment and heartburn to the parties,” the court said.

Title: PRATEEK & ORS. v. STATE NCT OF DELHI AND ANR

Citation: 2024 LiveLaw (Del) 1029

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