Pressing Rape Charges In Matrimonial Cases Against Husband, His Family Members Which Are Later Settled Needs To Be Curbed: Delhi High Court

The Delhi High Court has observed that the act of pressing rape charges in matrimonial cases by the complainant against the husband and his family members which are later settled needs to be curbed.

Justice Yogesh Khanna noted that serious offence of rape under section 376 of Indian Penal Code, 1860 is being pressed during investigation of cases by complainants in a matrimonial lis against the husband and even his family members “putting the entire family to malign.”

The court added that subsequently, the rape charges are being with the settlement of matrimonial disputes between the parties.

The court made the observations while quashing an FIR registered by a wife against her husband and his family members under sections 406, 498A, 506, 376 and 34 of IPC. It imposed costs of Rs. 10,000 on the complainant wife to be deposited with the Rohini District Courts Bar Association.

“These acts of complainants need to be curbed so that in future one will think sensibly before involving the family members of husband in serious offence under Section 376 IPC beside the matrimonial dispute. The complainant of this case needs to be put to some terms,” the court said.

The husband and his family members approached the court seeking quashing of the FIR after the matter was settled between the parties in November last year.

The husband had agreed to paid Rs. 5 lakhs to the complainant wife towards all her claims of alimony and maintenance and the first motion proceedings of mutual divorce were also completed.

The counsel appearing for the State had no objection if the plea was allowed.

“It is seen serious offence under Section 376 IPC are being pressed during investigation of the cases by the complainants in a matrimonial lis and even the family members of husband are being roped in thereby putting the entire family to malign. But subsequently, with the settlement of matrimonial disputes, the charges under Section 376 IPC are being settled,” the court said.

Justice Khanna said that there is no impediment in quashing of the FIR as the complainant had settled all the disputes and also received part settled amount from the husband and her in-laws.

“The balance amount of Rs.1.00 lac shall be paid to respondent No.2 at the time of second motion proceedings. In view of the above, there is no use to continue with the proceedings against petitioners as it would never entail in conviction of petitioners,” the court ordered.

Case Title: AK & Ors. v. State & Anr.

Citation: 2023 LiveLaw (Del) 334

Click Here To Read Order