Delhi High Court: Misuse of Rape Charges in Matrimonial Cases Must Be Curbed
The Delhi High Court recently highlighted the need to curb the misuse of rape charges in matrimonial cases. The court made this observation while quashing an FIR filed by a wife against her husband and his family members under sections 406, 498A, 506, 376, and 34 of the Indian Penal Code (IPC).
Court’s Observation
Justice Yogesh Khanna noted that serious charges, such as rape under Section 376 IPC, are often pressed by complainants during matrimonial disputes, affecting the entire family’s reputation. The judge emphasized that this practice needs to be curbed.
Case Background
The husband and his family members approached the court seeking to quash the FIR after the matter was settled between the parties in November last year. The husband agreed to pay Rs. 5 lakhs to the complainant wife for alimony and maintenance. The first motion proceedings for mutual divorce were also completed. The state’s counsel had no objections to the plea being allowed.
Court’s Decision
The court pointed out that the charges under Section 376 IPC are often settled once matrimonial disputes are resolved. Justice Khanna stated, “Serious offence under Section 376 IPC is being pressed during investigation of the cases by complainants in matrimonial disputes, putting the entire family to malign. But subsequently, with the settlement of matrimonial disputes, the charges are being settled.”
The court ordered that the remaining Rs. 1 lakh be paid to the respondent during the second motion proceedings. Given the settlement, the court found no reason to continue the proceedings against the petitioners, stating it would not lead to a conviction.
Imposed Penalty
The court imposed a cost of Rs. 10,000 on the complainant wife, to be deposited with the Rohini District Courts Bar Association. The case title for reference is AK & Ors. v. State & Anr.
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