Justice Subramonium Prasad recently stated that This Court (Delhi High Court) is pained to note that in matrimonial cases, there is an increasing tendency of filing such (rape) complaints for an offence under Section 376 IPC against the father-in-law or any other male member of the family of the husband just to exert pressure on the family of the husband
The Delhi High Court quashed an FIR registered under sections 376, 377, 354, 506, 509, 34 of IPC which arose out of a matrimonial dispute between the parties.
The plea was filed for quashing of the FIR on the ground that the parties had amicably settled their disputes by way of a settlement agreement before the Delhi High Court Mediation and Conciliation Centre.
The court said that Even though there was an allegation of rape against the father-in-law of the complainant, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings.
It was also stated that under the settlement agreement, the husband had agreed to pay a sum of Rs. 65,00,000/- to the complainant wife towards the full and final settlement of all her claims, including stridhan, dowry articles and maintenance.
The Complainant states that she has received the entire amount as per the settlement and has settled all her matrimonial disputes with the petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the Settlement arrived at between them before the Family Court and the proceedings recorded before this Court the order stated.
The court further stated that This Court is exercising its jurisdiction under Section 482 Cr.PC. to quash the instant FIR in view of the settlement arrived at between the parties and in view of the fact that matrimonial disputes have been settled before the Delhi High Court Mediation and Conciliation Centre and the marriage stands dissolved. The Court said.
The plea was accordingly disposed of.
The petitioners were represented by Advocates - Mr. Vineet Mehta, Mr. Honey Jain, and Mr. Ashish Batra.
