Quashing Of FIR In Matrimonial Disputes Is Welcome: Delhi High Court Quashes Rape FIR Against Father In Law

The Delhi High Court has observed that in matrimonial offences, quashing of FIR is welcome as it shows that parties have decided to put an end to the lis as well as to the misery they undergo due to a matrimonial case pending between them.

"The fact that now-a-days Sections 376 and 354 of IPC are being used along with Section 498-A IPC, which later on are compromised and are brought to this Court for quashing, needs to be curbed," Justice Swarana Kanta Sharma further added.

The Court made the observations while quashing an FIR filed by under sec. 376, 377, 498-A of the Indian Penal Code, 1860 read with sec. 34 of the Code.

The Court noted that chargesheet was filed under sec. 376, however, in her statement under sec. 164 Cr.P.C., the complainant had stated that only an attempt to rape had been made by her father-in-law and that Charges were not yet framed by the Trial Court.

"Though, ordinarily, cases under Section 376 IPC should not be quashed and should be taken as a crime against society at large, however, in the peculiar circumstances of this matrimonial dispute case where the complainant states that her future depends on quashing of the FIR and states that rape was not committed upon her, it will be in interest of justice that if the FIR in its entirety is quashed," the Court observed.

The Court further noted that the complainant stood by her statement and also stated that she had entered into a compromise out of her own free will and without any pressure, coercion or threat.

"Though any case coming to an end is a welcome step as it decreases the pendency of the Courts, more so, in matrimonial offences quashing is welcome as it shows that parties have decided to put an end to the lis as well as to the misery they undergo due to a matrimonial case pending between them," the Court said.

The Court was of the view that the complainant was a young lady who was looking for a bright future for herself, which depended on quashing of the FIR pursuant to a settlement which she stated that she had entered out of her free will and without coercion, pressure or threat.

The Court thus quashed the FIR by directing the petitioner to deposit a sum of Rs.12,500 in the Delhi High Court Advocates Welfare Fund. The Court also directed the Petitioner to deposit another sum of Rs.12,500 in Advocates Welfare Fund, Rohini Courts.

Case Title: ARSHAD AHMAD AND ORS v. STATE NCT OF DELHI AND ANR

Citation: 2022 LiveLaw (Del) 542

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