New Delhi – The Delhi High Court has expressed serious concern over the growing trend of filing rape charges in matrimonial cases, only to have them settled later. The Court said this practice must be curbed, as it wrongly maligns husbands and their family members.
The Court made these remarks while quashing an FIR filed by a wife against her husband and his relatives. The complaint included Sections 406, 498A, 506, 376, and 34 of the Indian Penal Code (IPC) – including the serious charge of rape under Section 376.
Justice Yogesh Khanna, who handled the case, observed that such charges are often used as a tactic during disputes. “Entire families are being dragged into criminal cases for rape, only to see these charges dropped once a settlement is reached,” he said.
In this case, the husband and his family asked the court to cancel the FIR after they settled the matter with the complainant in November last year. The husband agreed to pay ₹5 lakhs as a full settlement for alimony and maintenance, and the first motion of mutual divorce was also completed.
The State did not oppose the request to quash the case.
The judge noted, “Since the second motion divorce is pending and the balance amount of ₹1 lakh will be paid during that hearing, there is no point in continuing this case. It is unlikely to result in any conviction.”
To discourage such practices, the Court also imposed a cost of ₹10,000 on the complainant, to be deposited with the Rohini District Courts Bar Association.
The case was titled AK & Ors. v. State & Anr.
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