The Delhi High Court has quashed a rape FIR against a father-in-law, highlighting that resolving matrimonial disputes through settlements is beneficial for all parties involved. The court’s decision reflects the importance of ending the misery associated with prolonged matrimonial cases.
In this case, the FIR was filed under sections 376, 377, and 498-A of the Indian Penal Code (IPC), along with section 34. Although a chargesheet was filed under section 376, the complainant’s statement under section 164 of the Criminal Procedure Code (Cr.P.C.) indicated that only an attempt to rape was made by her father-in-law. The Trial Court had not yet framed the charges.
The complainant stood by her statement and confirmed that she had entered into a compromise willingly, without any pressure, coercion, or threat. The court observed that while cases under section 376 IPC are generally considered crimes against society and should not be quashed lightly, the unique circumstances of this matrimonial dispute justified quashing the FIR. The complainant emphasized that her future depended on this resolution and that no rape was committed.
The court noted that the complainant, a young woman seeking a better future, had freely agreed to the settlement. Acknowledging her need for a fresh start, the court decided it was in the interest of justice to quash the FIR.
As part of the decision, the petitioner was directed to deposit Rs.12,500 in the Delhi High Court Advocates Welfare Fund and another Rs.12,500 in the Advocates Welfare Fund at Rohini Courts. This judgment underscores the significance of settlements in matrimonial disputes and the potential for such resolutions to bring relief to those involved.
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