The Delhi High Court has recently highlighted the need to curb the misuse of rape charges in matrimonial cases that are later settled. The observation was made 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).
Justice Yogesh Khanna, while delivering the judgment, noted that serious allegations under Section 376 IPC are often pressed during investigations in matrimonial disputes. These charges not only target the husband but also extend to his family members, causing reputational harm. However, such cases are frequently settled later, leading to the withdrawal of the charges.
In this particular case, the husband and his family sought the quashing of the FIR after reaching a settlement with the complainant in November last year. As per the agreement, the husband agreed to pay Rs. 5 lakh towards alimony and maintenance. The first motion proceedings for mutual divorce were also completed.
The counsel representing the State did not object to the quashing of the FIR. The court noted that the balance amount of Rs. 1 lakh would be paid during the second motion proceedings. Given the settlement, the court concluded that continuing the proceedings would not result in a conviction.
To discourage misuse of legal provisions, the court imposed a cost of Rs. 10,000 on the complainant, to be deposited with the Rohini District Courts Bar Association.
This judgment sheds light on the concerning trend of false allegations in matrimonial disputes and the importance of ensuring that legal provisions are not misused. It also emphasizes the need for thorough investigation and judicial oversight in such sensitive cases.
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