The Delhi High Court recently expressed concern about the use of rape charges in matrimonial cases against husbands and their families, particularly when these allegations are later settled. The court made this statement while dismissing an FIR filed by a wife against her husband and his family members under various sections of the Indian Penal Code (IPC), including 406, 498A, 506, and 376.
Justice Yogesh Khanna pointed out that serious accusations of rape under Section 376 of the IPC are often brought up during investigations of matrimonial disputes, causing harm to the reputations of the entire family.
In this particular case, the husband and his family sought to quash the FIR after they reached a settlement in November of the previous year. The husband agreed to pay the wife ₹5 lakhs to resolve all claims related to alimony and maintenance, and they completed the initial proceedings for mutual divorce.
The state’s counsel indicated no objection to granting the husband’s plea.
The court remarked, “Serious offences under Section 376 IPC are frequently filed by complainants in marital disputes, implicating even the husband’s family members and damaging their reputations. However, these charges are often settled when the matrimonial disputes are resolved.”
The court further ordered that the remaining ₹1 lakh should be paid to the wife during the second motion proceedings for divorce. Given these circumstances, the court decided that continuing the case against the husband and his family was unnecessary, as it would not lead to a conviction.
The court imposed a fine of ₹10,000 on the complainant wife, to be paid to the Rohini District Courts Bar Association.
Case Title: AK & Ors. v. State & Anr.
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